Edwards v. Surety Finance Co.

Beals, O. J.

(dissenting) — I concur in the foregoing opinion save in so far as it holds that an action to recover money paid upon a contract in writing which was, in fact, usury, is barred by the three-year statute of limitations.

Under Rem. Rev. Stat., § 157, paragraph 2, “An action upon a contract in writing, or liability express or implied arising out of a written agreement,” is barred unless commenced within six years after the accrual of the cause of action.

In the case of Caldwell v. Hurley, 41 Wash. 296, 83 Pac. 318, this court considered the section of the statute of limitations above…