Schroeder v. Jahns

Citations

• 27 Cal. 274

Syllabus

<p>Pleading Statute of Limitations.—The general allegation in an answer, that the action is barred by the statute prescribing two or any other number of years as the limitation for bringing the action, is not the correct method of pleading the Statute of Limitations.</p> <p>Limitation of Actions in Cases of Trust.—A deposit of money by one with another, to be held by him in trust for the depositor until he shall demand it, constitutes an express continuing trust, and no right of action will accrue to the cestui que trust until the trustee assumes a position in hostility to the trust relation, either by refusing to pay the money on demand, or by some other act, nor will the , Statute of Limitations commence running until a demand is made for the money, or the trustee has violated his contract.</p> <p>Same.—In such case, if no demand be made on the trustee, and he does not violate his contract in his lifetime, but demand is made ori his administrator after his death, the Statute of Limitations does not commence running against the intestate, but the cause of action accrues against the administrator.</p> <p>Answer setting up Statute of Limitations. — If the complaint in an action against an administrator avers that the intestate received plaintiff's money in his lifetime, to keep the same for plaintiff as the depositary thereof until the same should be demanded of him, and that the money remained in the intestate's hands at the time of his death, subject to plaintiff's order, an answer which sets up as a defense that the cause of action did not accrue to plaintiff within two years next before the death of the intestate, and that the same is barred by the Statute of Limitations, does not raise any issue in the case.</p> <p>Defective Finding of Facts.—If the answer sets up a counterclaim and the Court finds that the defendant introduced no evidence as to the counterclaim, the finding is defective; but if the evidence is all before the appellate Court, and it appears that