Campbell v. Herrick

Citations

• 104 Kan. 657
• 180 P. 237
• 1919 Kan. LEXIS 329

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Limitation op Actions — Dissolution of Partnership — Payment on~Partnership Note by One Partner — Tolls the Statute as to the Re-tired Partner. Where one of the two members of a partnership sells: out to the other, who assumes the indebtedness of the firm and continues in business under the same name, a part payment made by the latter three years later upon a note given by the partners prior to such change, for a partnership debt, tolls the statute of limitations as to the other maker of the note, the payee having had no notice of the dissolution.</p> <p>2. Same — Pleadings. The petition held to be sufficient to enable the plaintiff to raise the question covered by the foregoing paragraph.</p>