King v. Rodgers

Citations

• 108 Kan. 311
• 195 P. 598
• 1921 Kan. LEXIS 37

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Limitation op Actions — Contract to Pay for Hospital and Surgical Expenses — Collateral Agreement as Security — Action Barred — Security Barred. A brother and sister entered into a written contract with a doctor to pay him a certain amount in consideration of his paying for hospital and surgical expenses for the brother, the sister also agreeing therein that if her brother died before the payment was completed she would pay any balance out of the proceeds of insurance on his life of which she was the beneficiary. More than five years elapsed after the expenditure by the doctor without any payment being made to him and without any action being brought upon his claim. Thereafter the brother died, the sister collected the insurance money, and the doctor sued her upon her promise to pay him therefrom; it is held that this promise was collateral to the agreement of the brother and sister to pay the amount stated and was security therefor; and that the action upon it could not be maintained inasmuch as the original obligation had been barred by the statute of limitation.</p>