Sec. 42a-3-118. Statute of limitations. - Connecticut Statutes

      Sec. 42a-3-118. Statute of limitations. (a) Except as provided in subsection (e), an action to enforce the obligation of a party to pay a note payable at a definite time must be commenced within six years after the due date or dates stated in the note or, if a due date is accelerated, within six years after the accelerated due date.

      (b) Except as provided in subsection (d) or (e), if demand for payment is made to the maker of a note payable on demand, an action to enforce the obligation of a party to pay the note must be commenced within six years after the demand. If no demand for payment is made to the maker, an action to enforce the note is barred if neither principal nor interest on the note has been paid for a continuous period of ten years.

      (c) Except as provided in subsection (d), an action to enforce the obligation of a party to an unaccepted draft to pay the draft must be commenced within three years after dishonor of the draft or ten years after the date of the draft, whichever period expires first.

      (d) An action to enforce the obligation of the acceptor of a certified check or the issuer of a teller's check, cashier's check, or traveler's check must be commenced within three years after demand for payment is made to the acceptor or issuer, as the case may be.

      (e) An action to enforce the obligation of a party to a certificate of deposit to pay the instrument must be commenced within six years after demand for payment is made to the maker, but if the instrument states a due date and the maker is not required to pay before that date, the six-year period begins when a demand for payment is in effect and the due date has passed.

      (f) An action to enforce the obligation of a party to pay an accepted draft, other than a certified check, must be commenced (i) within six years after the due date or dates stated in the draft or acceptance if the obligation of the acceptor is payable at a definite time, or (ii) within six years after the date of the acceptance if the obligation of the acceptor is payable on demand.

      (g) Unless governed by other law regarding claims for indemnity or contribution, an action (i) for conversion of an instrument, for money had and received, or like action based on conversion, (ii) for breach of warranty, or (iii) to enforce an obligation, duty, or right arising under this article and not governed by this section must be commenced within three years after the cause of action accrues.

      (1959, P.A. 133, S. 3-118; P.A. 91-304, S. 18.)

      History: P.A. 91-304 entirely replaced former provisions re rules of construction with provisions re statute of limitations.

      See Secs. 42a-3-103(a)(6), 42a-3-104(e), 42a-3-112, 42a-3-114 and 42a-3-116(a) for successor provisions to Sec. 42a-3-118, revised to 1991, re rules of construction.

      Annotations to former statute (1958 Rev., S. 39-18): Holder may fill in blank amount with sum not exceeding figures in margin. 13 C. 279. (2) 40 C. 552; (6) 97 C. 315; (7) 90 C. 254.

      Annotation to former section 39-18: Where note did not specify dates from which interest was to run, interest ran from date of instrument. 149 C. 559.

      Annotations to present section:

      Subsec. (a):

      Since section was revised in 1991 to include a six-year statute of limitations, and is procedural rather than creating a right of action, it is applicable to any action commenced on or after such revision. 60 CA 687. Where an action is commenced more than six years after final payment was due on a promissory note, and action is based on that note, the fact that promissory note served as collateral on a later note does not toll the statute. Id. If debtor defaults on an obligation payable in installments by failing to make installment payment and lender does not demand payment, lender's cause of action does not automatically accrue as of date of the default, thereby beginning statutory limitation period. 86 CA 403.

      Cashier's check, in which issuing bank acts as both drawer and drawee, is equivalent to negotiable promissory note payable on demand. 33 CS 641.

      Subsec. (b):

      Waiver of statute of limitations included as a delay in enforcement clause at inception of a mortgage note is void and unenforceable. 84 CA 675.

      Subsec. (e):

      Cited. 207 C. 483.