Lindholm v. Heithecker

Citations

• 113 Kan. 96
• 213 P. 671
• 1923 Kan. LEXIS 338

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Promissory Note — Limitation of Action — Note in Custodia Legis — Suspension of Statute. The fact that the ownership of a promissory note was in dispute between payee and a third party over whom defendant had no control, or was field as collateral security by a third party over whom, defendant had no control, or was in custodia legis in another action in which the defendant was not a party and over which he had no control did not suspend the running of the statute of limitations in his favor.</p> <p>2. Same — Demurrer to Bill of Particulars Properly Sustained. Where a bill of particulars showed on its face that the cause of action was barred by the statute of limitations, it was proper to sustain a demurrer thereto.</p>