Reed v. Humphrey

Citations

• 69 Kan. 155
• 76 P. 390
• 1904 Kan. LEXIS 226

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Limitation oe Action—Allegation of Absence not Demurrable. A petition upon an implied contract, which discloses a liability of more than three years’ standing, but which alleges that defendant has continuously resided out of the state since a time prior to the accrual of the cause of action, sufficiently shows that the statute of limitations may not have run to prevent the raising of that defense by demurrer.</p> <p>2. Principal and Surety—Action for Reimbursement after Dormancy of Judgment. A surety who, under legal compulsion, pays a judgment against his principal and himself, may maintain an action against his principal for reimbursement, although at the time of such payment the judgment could not in any manner have been enforced against the latter, on account of its having been dormant as to him for more than a year.</p> <p>3. - Joint Judgment Conclusive as to Liability of Principal. In an action against a principal by a surety who has paid a judgment rendered against both, the principal is concluded by the judgment from denying his original liability to the judgment creditor.</p>