Christina v. McLoughlin

BISHOP, J., pro tem.

—• From the judgment dismissing his complaint, following an order sustaining demurrer thereto without leave to amend, plaintiff .has appealed. We find plaintiff’s cause of action for a deficiency judgment to be barred by the statute of limitations, despite the moratorium acts relied upon, and as the bar of the statute was properly presented by demurrer, the judgment of dismissal should be affirmed.

We take the facts of the case, of course, from the amended complaint. The defendant had agreed, in the note upon which plaintiff sues, to pay $22,500 and interest on March 19,…