Kinkead v. Holmes & Bull Furniture Co.

Citations

• 24 Wash. 216
• 64 P. 157
• 1901 Wash. LEXIS 516

Syllabus

<p>CONVERSION-LIMITATION OF ACTIONS.</p> <p>Where one rightfully in the possession of another’s goods ■wrongfully pledged them to a third party, who afterwards sold them in satisfaction of the pledge, the limitation upon the owner’s right of action against the pledgee for conversion began to run from the time of the pledgee’s acquisition of the goods and not from the time of sale.'</p> <p>SAME-PLEADING STATUTE OF LIMITATIONS-SUFFICIENCY OF ANSWER.</p> <p>An answer, in an action for conversion of plaintiff’s goods, which alleges that “For further and affirmative answer to said complaint, defendant says that more than three years elapsed between the accruing and commencement of plaintiff’s alleged cause of action,” while defective as a plea of the statute of limitations, is yet sufficient to put the plaintiff on notice that the statute would be relied on as a defense, and, where not moved against in the lower court by demurrer or motion, will, on appeal be considered as amended, under Bal. Code, §§ 4957, 6535, since no substantial right of the plaintiff was affected by its defectiveness.</p>