Good v. Ehrlich

Citations

• 67 Kan. 94
• 72 P. 545
• 1903 Kan. LEXIS 214

Syllabus

<p>SYLLABUS BY THE COUBT.</p> <p>1. Limitation oe Actions — Part Payment. 'A part payment, in-order to be efficient to toll the statute of limitations, or to remove the bar, must have been made as part payment of the obligation in question by the obligor, or by some one at his direction, and under such circumstances as to amount to an acknowledgment of an existing liability on such obligation.</p> <p>2. - Pleading and, Practice. Where a plaintiff, for the . purpose of removing the bar of the statute of limitations which had apparently run upon his cause of action, pleads that a pay- - ment had been made thereon, a general denial puts the burden upon him. The defendant need not specially plead the bar of the statute. He will prevail if the plaintiff fail to establish such payment.</p>