[Download] "Wasinger v. Reid" by Colorado Court of Appeals ~ eBook PDF Kindle ePub Free
eBook details
- Title: Wasinger v. Reid
- Author : Colorado Court of Appeals
- Release Date : January 18, 1985
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 47 KB
Description
On February 24, 1984, Wasinger filed this action to collect $15,000 plus interest on a promissory note executed by Reid in favor of Wasinger. The note, executed on May 2, 1974, was payable on demand. Asserting a failure to state a claim upon which relief can be granted, Reid filed a motion to dismiss pursuant to C.R.C.P. 12(b)(5) and 41(b)(1). The motion asserted that any action on the note was barred by the six-year statute of limitations. See § 13-80-110(1)(a), C.R.S. Wasinger contends here that it was error for the trial court to grant Reids motion because the statute of limitations is an affirmative defense that can only be set forth in an answer to the complaint rather than a motion to dismiss. In this instance, we find no error.
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