Southern Pacific Co. v. Prosser

Citations

• 122 Cal. 413
• 55 P. 145
• 1898 Cal. LEXIS 600

Syllabus

<p>Statute of Limitations—Written Acknowledgment—Request to Ray in Work.—A letter written by a debtor to his creditor, after the maturity of the debt and before it is barred by the statute of limitations, in which he refers to the indebtedness, expresses a desire to pay it, and requests the creditor to give him employment so that he might make payment in work, has the effect under section 360 of the Code of Civil Procedure, to interrupt the running of the statute.</p> <p>Id.—Extension Before Bar of Statute—Principal Obligation—Continuance of Lien.—A written acknowledgment of an indebtedness made after its maturity, but before it is barred by the statute of limitations, establishes a mere continuation of the original contract, and an action brought thereon after the expiration of the original period of limitation is based upon the principal obligation, and not upon a new contract. Such an acknowledgment, under section 2911 of the Civil Code, operates to extend the time of a mortgage by which the principal obligation was originally secured.</p>