Davis v. Consolidated Wagon & MacHine Co.

This is an action for the conversion of two promissory notes. Trial by jury was waived and the cause tried upon a stipulation of facts.

In view of the conclusion reached it will be unnecessary to discuss the court's action in overruling the demurrer to the amended complaint. The ruling was correct.

The answer denies generally the allegations of the amended complaint, and pleads the statute of limitations by way of further defense. The court found that there was a fraudulent concealment of respondent's cause of action by appellant, which tolled the running of the statute of limitations.

The facts…