111 (1927); Kern v. Kloke, 21 Neb. 644, 287 N.W. A suit to collect on a contract that is from the foreclosed deed of trust is governed by the statute of limitations found in this section, rather than the 3-month statute of limitations found in section 76-1013. This section did not govern bringing of action on fire insurance policy. 1973). (2) An action to recover collateral (a) the possession and ownership of which a debtor has in any manner transferred to another person and (b) which was used as security for payment pursuant to an agreement, contract, or promise in writing which covers farm products as described in section 9-102, Uniform Commercial Code, or farm products which become inventory of a person engaged in farming, shall be brought within eighteen months from the date possession and ownership of such collateral was transferred. Horn's Crane Service v. Prior, 182 Neb. Assault and battery: 1 year. 379, 281 N.W. Therefore, Neb.Rev.Stat. Rev. Time of commencing action on foreign judgments stated. 684, 254 N.W. 496, 811 N.W.2d 205 (2012). City of Lincoln v. PMI Franchising, 267 Neb. 716, 171 N.W.2d 766 (1969). Rev. Jurisdiction: Appeal and Error. May include, but not 21, 59 N.W. By failing to make demand, payee of a demand note cannot do away with the statute of limitations, which begins to run the day after the note is executed and delivered. 149 (1938). 641, 76 N.W. (1) Except as provided in subsection (2) of this section, an action upon a specialty, or any agreement, contract, or promise in writing, or foreign judgment, can only be brought within five years. 893 (1898). v. Northern Assur. U.C.C. Supp. Wells v. Equitable Life Assurance Society, 130 Neb. 418 (1936). Acts that toll the statute A cause of action on an insurer's duty to defend does not run until the underlying action is resolved against the insured. Where a bank assumed and agreed to pay the liabilities of another bank, the statute of limitations commenced to run against the assuming bank upon a certificate of deposit that had already matured at the time the assumption agreement was made. First Nat. 457, 289 N.W.2d 506 (1980). 146 (1902). App. Rev. 621, 611 N.W.2d 409 (2000). 562, 675 N.W.2d 660 (2004). Packer v. Thompson, 25 Neb. 717, 279 N.W. 817, 241 N.W. The filing of a foreign judgment in a Nebraska court pursuant to section 25-1587.03 is not an action upon a foreign judgment within the meaning of this section. Stat. 355 (1938). 644, 269 N.W. 71, 274 N.W. Warrant issued by a village will be barred in five years from time it becomes due. The filing of a foreign judgment in a Nebraska court pursuant to section 25-1587.03 is not an action upon a foreign judgment within the meaning of this section. 71, 274 N.W. 935, 524 N.W.2d 330 (1994). 786 (1914). City of Lincoln v. Hershberger, 272 Neb. 146, 69 N.W. § 25-205 (Reissue . 2014). Dutton-Lainson Co. v. Continental Ins. Snyder v. Case and EMCASCO Ins. 714, 140 N.W.2d 15 (1966). 967 (1897). Co., 180 Neb. Rev. Supp. In suit on insurance policy based on presumption of death after seven years' unexplained absence, statute of limitations does not begin to run until expiration of seven-year period. 2008). Horn's Crane Service v. Prior, 182 Neb. Wells v. Equitable Life Assurance Society, 130 Neb. Current with effective changes from the 2020 Legislative Session through 8/17/2020. 199 (1937). Section 25-201 states that " [c]ivil actions can only be commenced within the time prescribed in this … 519, 265 N.W. 66 (1936). Search by Keyword or Citation; Search by Keyword or Citation. If the defect could not have been discovered Time of commencing action on school district bonds stated. Lonergan v. Lonergan, 55 Neb. & Loan Assn., 122 Neb. 149, 102 N.W. 769 (1932); Armstrong v. Marr, 120 Neb. Chapter 25 25-207. 111 (1927); Kern v. Kloke, 21 Neb. 318, 78 N.W. 253, 170 N.W. 862, 108 N.W. Cashier of bank who endorsed to bank a note of which he was payee, and, instead of collecting the note as was his duty, made payments of principal and interest on note from time to time, and, in three instances marked the note extended for two years each, was estopped, when sued on his endorsement, to plead statute of limitations. Time of commencing action on promissory notes stated. If the notes are considered to be demand notes, the five-year limitations period begins to run on the day after the notes are signed. This section did not govern bringing of action on fire insurance policy. Grant v. Williams, 158 Neb. This section bars action on the note, but not on the mortgage given to secure it. 242, 38 N.W. Packer v. Thompson, 25 Neb. 714, 140 N.W.2d 15 (1966). Denman v. Chicago, B. 743 (1936). 839, 725 N.W.2d 787 (2007). 935, 524 N.W.2d 330 (1994). 205, 147 N.W.2d 620 (1967). Trenerry v. City of So. Cause of action on indemnity contract accrues when loss thereunder occurs. Rev. 623, 279 N.W. 430, 288 N.W.2d 270 (1980). See Stock v. Meissner, 309 N.W.2d 86 (Neb. Time of commencing action on bank check stated. Generally, absent a more specific statute, actions on written contracts may be brought within 5 years. In action upon written instrument, where more than five years have elapsed from date of maturity, claimant must plead and prove facts to avoid bar of statute. An insured's cause of action on an insurance policy to recover underinsured motorist benefits accrues at the time of the insurer's breach or failure to do that which is required under the terms of the policy. Stat. 912 (1886). v. Northern Assur. Miscellaneous 1. 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