Emporia National Bank v. Layfeth

Citations

• 63 Kan. 17
• 64 P. 973
• 1901 Kan. LEXIS 82

Syllabus

<p>SYLLABUS BY THE COURT,</p> <p>1. Trover and Conversion — Amendment before Seeond Trial. In an action brought for a conversion of certain cattle, in the trial of which it appears that the defendant did not in fact sell the cattle in question, but that they were sold by another under his direction, and that he knowingly received the proceeds of sale and converted the same, it is not error for the district court, before another trial of the cause is had, to permit the plaintiff so to amend his petition as to charge defendant with a conversion of the proceeds of such sale.</p> <p>2. - Limitation of Action. Notwithstanding such amendment is made more than five years after the cause of action accrued, still, as the amendment “was in fact made, and as the plaintiff’s action was commenced less than two years after the original cause of action accrued, there is no room for claiming that the cause upon which the plaintiff recovered was barred at the time by the operation of any statute of limitations.” (Culp v. Steere, 47 Kan. 747, 28 Pac. 987.)</p>