Gordon v. Russell

Citations

• 98 Kan. 537
• 158 P. 661
• 1916 Kan. LEXIS 120

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Limitation of Actions — Action on Joint Note — Corporation—Stockholders. Certain stockholders and officers of a corporation borrowed money to be used for such corporation, giving their joint note. Interest was paid for nine years after maturity by one of the makers who was secretary and treasurer of the corporation, with its funds. The corporation did not execute the note. Held, that the makers can not under these circumstances avail themselves of the statute of limitations on the theory that they are sureties, and have personally made no payments.</p> <p>2. Parties — No Surety Without a Principal. It is not perceived how there can be a surety without a principal.</p> <p>8. Judgments — Revivor — Jurisdiction. The judgment was rendered October 14, 1914, the motion for new trial being overruled October 27 thereafter. April 22, 1915, the cause was revived as against the administratrix of one of the defendants who had 'departed this life shortly after the trial below. Notice of appeal was served on the administratrix April 22, 1915. Held, that she is in court.</p>