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Emerson v. Zagurski

531 N.W.2d 237 (1995)

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Emerson v. Zagurski

Nebraska Court of Appeals
531 N.W.2d 237 (1995)

SC

Facts

Blake Emerson (plaintiff) sued Robin Zagurski (defendant) for failure to repay a loan. Emerson’s complaint alleged that on September 17, 1985, Emerson loaned Zagurski $17,000 with an interest rate of 10 percent and payment on demand. The parties signed a promissory note to that effect. Emerson alleged that Zagurski failed to repay the loan in accordance with their agreement and Emerson made a demand for full payment on an unknown date. Emerson filed suit on December 31, 1992, seeking to recover. Zagurski responded to the complaint by arguing that Emerson’s claim was barred by the statute of limitations. On January 1, 1992, the Nebraska Uniform Commercial Code (UCC) had been amended to provide a six-year statute of limitations for promissory notes that were negotiable instruments. The trial court, however, agreed with Zagurski and dismissed the suit. Emerson appealed.

Rule of Law

Issue

Holding and Reasoning (Irwin, J.)

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