Floyd and Genevieve Horton v. Frans P. Jessie

Ninth Circuit

Floyd and Genevieve Horton v. Frans P. Jessie

423 F.2d 722

CourtCourt of Appeals for the Ninth Circuit

DecidedFebruary 6, 1970

Docket23129

StatusPublished

Cited by8 cases

This text of 423 F.2d 722 (Floyd and Genevieve Horton v. Frans P. Jessie) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Floyd and Genevieve Horton v. Frans P. Jessie, 423 F.2d 722 (9th Cir. 1970).

Pincite

Opinion

PER CURIAM:

The parties were involved in a California automobile accident. Plaintiffs are citizens of Missouri and defendant is a citizen of California. California has a one year statute of limitations and Missouri has a five year statute. The district court has held the California statute applicable and rendered judgment for the defendant.

There is a good argument that the statute was tolled for 13 or 14 months, but thereafter there was a period of approximately 15 months until the suit was filed in California.

Under the California significant contacts approach, we find too little Missouri significant contacts and too many in California to apply the Missouri statute.

We find the laches point of appellant without merit.

Judgment affirmed.

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