Lowe v. Ozmun

This action was brought for an alleged conversion by defendant’s testator of certain described personal property—namely, bonds and coupons. The complaint shows that the action was commenced within three years, but not within two years, after the alleged conversion; and the court below sustained the demurrer to the complaint upon the ground that the action was barred by subdivision one of section 339 of the Code of Civil Procedure, which provides that “an action upon a contract, obligation, or liability, not founded upon an instrument in writing” must be brought “within two years.” There is no…