Elmore v. Fanning

Citations

• 85 Kan. 501
• 117 P. 1019
• 1911 Kan. LEXIS 104

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Limitation op Actions — Sunday Excluded. Where the last day in the period prescribed by statute for commencing an action is Sunday, an action commenced on the following day is not too late.</p> <p>2. -Payment by Coobligor — Agency. Where one of two joint makers of a promissory note makes a payment thereon shortly after the note becomes due merely as the agent of the other, and with his money, and at the same time states to the holder that the money so paid belongs to his coobligor, for whom and at whose request he is paying it, such payment does not affect the operation of the statute of limitations as to himself — it being that of the one for whom he is acting as agent.</p> <p>3. - Same. A joint maker of a promissory note who delivered the money to the holder, in the circumstances stated in the above paragraph, was not bound to declare that the payment was not made for himself, that being the natural implication from his declaration that he made it for the other and with his money; nor was he required to warn the holder that the time in which an action might be brought against him would not be enlarged by such payment.</p>