Legal Opinion
Steiner v. Croonquist
Appellate Division of the Superior Court of California
Decided November 26, 1951No. Civ. A. No. 167984PublishedCited by 4 opinions
1Opinion of the CourtBurch, J.
This is an action on two promissory notes, one for $750, dated February 2, 1940, which became due February 1,1942, the other for $300, dated November 1, 1939, due six months from date. The complaint was filed on May 17, 1950. The court held the notes barred by subdivision 1 of section 337 of the Code of Civil Procedure.
Plaintiff urges on appeal that the affirmative defense of the statute was not before the court because the subdivision of the section relied upon was not pleaded in the answer, and, further, that if the issue was before the court the running of the statute was tolled by a new…
2Cases cited20 opinions
- Universal Sales Corp. v. California Press Manufacturing Co.California Supreme Court · 1942
- Brant v. California Dairies, Inc.California Supreme Court · 1935
- McCluskey v. WareCalifornia Supreme Court · 1944
- Davenport v. StrattonCalifornia Supreme Court · 1944
- Estate of WunderleCalifornia Supreme Court · 1947
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3Cited by4 opinions
- Crouse v. Brobeck, Phleger & HarrisonCalifornia Court of Appeal · 1998
- Don Johnson Productions, Inc. v. Rysher EntertainmentCalifornia Court of Appeal · 2012
- Steiner v. CroonquistCalifornia Court of Appeal · 1951
- Rallis v. CassadyCalifornia Court of Appeal · 2000