Merchants National Bank of Los Angeles v. Clark-Parker Co.

Plaintiff bank brought an action against

the firm of “Clark-Parker Co.”, S. N. Clark and John Doe as members of said firm, on a promissory note for $10,000. S. N. Clark was served with summons, and he alone appeared, and filed an answer denying liability, together with a counterclaim for services performed by him. Nearly three years later plaintiff moved to strike out the counterclaim on the ground that the obligation sued upon was joint, and the counterclaim was several. By this time the statute of limitations had run on any right to file a separate action for the value of the services. The…