Northern Commercial Co. v. Big Four Trading Co.

Citations

• 86 Wash. 589
• 150 P. 1151
• 1915 Wash. LEXIS 1022

Syllabus

<p>Limitation op Actions — Running op Statute — Concealment op Dependant. The statute of limitations is not tolled by the “concealment” of the defendant in this state, within the meaning of Rem. & Bal. Code, § 168, tolling the statute of limitations as to actions that accrue against any person who shall he out of the state or “concealed” therein, where it appears that the defendant, the maker of a note, executed at C. in Alaska, lived at C. for two years after the note became due, and then went to other parts of Alaska where he did business in his own name, and came to this state three years after the note became due, where for eleven years he resided in an open manner known to his neighbors by his true name only.</p> <p>Same — Running op Statute — Revival—Part Payment. Where judgment upon a partnership note was entered against the partnership and one of the partners personally, his partial payment of the judgment is a payment on the judgment and not on the note, and does not revive the obligation against a partner not served in the action, after the statute of limitations had run upon the note, in the absence of express authority to make such a payment.</p>