Perkins v. Jennings

Citations

• 27 Wash. 145
• 67 P. 590
• 1902 Wash. LEXIS 374

Syllabus

<p>LIMITATION OF ACTIONS-WHEN BEGINS TO BUN-COMPUTATION OF TIME.</p> <p>Where the limitation upon the commencement of action on a promissory note has been extended by reason of a partial payment tbereon, the statute begins to run from ihe day following the date of such partial payment, under Bal. Code, § 4896, which provides that “the time within which an act is to be done shall be computed by excluding the first day and including the last.”</p> <p>SAME.</p> <p>The statutes of limitation requiring action to be brought within a stated period from the time the cause of action accrued must be construed in connection with Bal. Code, § 4817, which provides that “when any payment of principal or interest has been or shall be made upon any existing contract, whether it be a bill of exchange, promissory note, bond, or other evidence of indebtedness, if such payment be made after the same shall hare become due, the limitation shall commence from the time the last payment was made.”</p> <p>SAME-PARTIAL PAYMENT BY ONE JOINT DEBTOR-SUSPENSION OB BAR AS TO OTHER.</p> <p>When part payment upon a promissory note was made by one of two co-obligors, thereby extending the period of limitation as to him., the complaint in an action against both, brought more than six years after the maturity of the note, is demurrable as to. the oDligor who did not join in the payment, when the complaint does not allege that such obligor authorized the payment and participated therein as his own act.</p>