Gonzalez v. Pacific Fruit Express Co.

FOLEY, District Judge.

Defendant moves to' dismiss upon the ground that the cause of action, if any, alleged in plaintiff’s complaint, accrued more than three years prior to the commencement of this action and is, therefore, barred by the Nevada statute of limitations, § 8524, 1929 N.C.L., “* * * Within three years: 1. An action upon a liability created by statute, other than a penalty or forfeiture. * * * ”

At the hearing of this motion, counsel for defendant consented that the complaint could be amended so as to contain an allegation in Paragraph I thereof that the plaintiff was at all the…