Noyes v. Parsons

Citations

• 104 Wash. 594
• 177 P. 651
• 1919 Wash. LEXIS 508

Syllabus

<p>Limitation oe Actions (56-58) — Discovery oe Fraud — Opportunity eor Discovery. An action by a receiver, suing on behalf of creditors to set aside as fraudulent a consolidation or transfer of all the assets of one bank to another, is barred by the statute of limitations, Rem. Code, § 159, subd. 4, limiting actions for relief upon the ground of fraud to three years after discovery of the fraud, where the transfer was void as violative of the common law and of the law of the state wherein the grantee bank was incorporated, and such fact was or should have been known to the creditors and to the receiver upon his appointment upon acquiring knowledge of the consolidation, which was more than three years prior to the commencement of the action; since he and the creditors were thereupon immediately charged with notice of the illegality as a fact incapable of concealment, or discoverable with ordinary diligence.</p> <p>Same (83) — Pleading — Matters Avoiding Bar — Discovery oe Fraud. In an action for relief upon the ground of fraud, in pleading want of knowledge and excusatory facts for delay in bringing the action, a general allegation of ignorance at one time and knowledge at another is not sufficient, but the pleader must set forth the facts constituting impediment to an earlier prosecution of the claim.</p>