141 P. 938 | Cal. Ct. App. | 1914
Action brought on a promissory note dated April 12, 1908, and made payable "on demand after date." The suit was commenced on the twelfth day of April, 1912. Defendant had judgment upon the finding of the court that the cause of action was barred by the provisions of section 337, subdivision 1, of the Code of Civil Procedure. Plaintiff has appealed from the judgment and presents the judgment-roll. The only matter in controversy on this appeal is whether the trial court correctly determined that the four-year period of limitation had fully run against plaintiff's cause of action. If the day upon which the note was dated is to be included in the computation of the time, then the trial judge was correct in his conclusion; if that day is to be excluded, then plaintiff's action was in time and it should have had judgment. Section
The judgment is reversed, with direction to the trial court to enter judgment in favor of plaintiff on the facts as admitted by the pleadings and determined in the findings.
Conrey, P. J., and Shaw, J., concurred.