Joergenson v. Joergenson

Citations

• 28 Wash. 477
• 68 P. 913
• 1902 Wash. LEXIS 509

Syllabus

<p>PLEADING — QUESTION OF LIMITATIONS NOT RAISED BY GENERAL DEMURRER.</p> <p>A demurrer to the complaint on the ground that it does not state facts sufficient to constitute a cause of action would not present the objection that it appears upon the face of the complaint that the action is barred by the statute of limitations.</p> <p>BILLS AND NOTES-NEGOTIABILITY-CONTINGENT PAYMENT BEFORE MATURITY-EFFECT.</p> <p>A promissory note agreeing to pay the person therein named a specified sum absolutely and at all events four years after a certain date, or before, is negotiable, although it contains the provision that “if we sell or remove the timber that we have bought on said Johan Joergenson’s [payee] homestead claim, before the expiration of said four years, then this note shall be paid at the times of such sale or removal of said timber,” since such provision does not change or destroy the maker’s absolute liability to pay at the time designated; nor would the fact of the note’s becoming payable prior to the time of absolute payment, upon the happening of a certain event, affect its negotiability.</p> <p>SAME-DAYS OF GRACE-ACCRUAL OF CAUSE OF ACTION.</p> <p>Under Bal. Code, § 3655, allowing three days’ grace upon negotiable promissory notes, action upon such instrument cannot be maintained before the expiration of the last day of grace, and hence the bar of the statute of limitations will not begin running until the expiration of the period of grace.</p>