City of Seattle v. Walker, 12396.

CourtUnited States State Supreme Court of Washington
Writing for the CourtMORRIS, C.J.
Citation152 P. 330,87 Wash. 609
Decision Date28 October 1915
Docket Number12396.
PartiesCITY OF SEATTLE v. WALKER et al.

152 P. 330

87 Wash. 609

CITY OF SEATTLE
v.
WALKER et al.

No. 12396.

Supreme Court of Washington

October 28, 1915


Department 2. Appeal from Superior Court, King County; Everett Smith, Judge.

Action by the City of Seattle against George W. Walker, contractor, and another. From a judgment for defendants, plaintiff appeals. Affirmed. [152 P. 331]

Jas. E. Bradford and Howard A. Hanson, both of Seattle, for appellant.

Turner & Hartge, of Seattle, for respondents.

MORRIS, C.J.

The city of Seattle brought this action on November 19, 1913, to recover interest which it had illegally [87 Wash. 610] paid to the respondent Walker on certain local improvement district bonds issued by the city. The contracts, for payment of which the bonds were delivered, and the provisions of the bonds, were generally the same as those under consideration in the case of State ex rel. Grant Smith & Co. v. Seattle, 74 Wash. 438, 133 P. 1005. The bonds bore coupons carrying interest from their date until maturity, but were not delivered to the contractor until the monthly payments and final settlement on the contract became due; the final delivery not being made until over a year from the date of the bonds. As a result of this delivery long after their issuance, interest had accrued on the bonds when the respondent became entitled to receive them at their face value. We held in the Grant Smith Case, supra, that payment of any interest for the period between the date of the bonds and their delivery to the contractor was illegal. In this action the city sought to recover the interest thus illegally paid to the respondent. The respondent demurred to the complaint on the ground, among others, that the action was barred by the statute of limitations, and, the demurrer having been sustained by the trial court upon that ground, the city appeals. The appeal involves the consideration of two questions: First, what statute controls? Second, when does the statute begin to run?

1. The statutes, one of which is applicable to this case, are:

The three-year statute (Rem. & Bal. Code, § 159, subd. 3):

'An action upon a contract or liability, express or implied, which is not in writing, and does not arise out of any written instrument.'

The six-year statute (Rem. & Bal. Code, § 157, subd. 2):

'An action upon a contract in writing or liability express or implied arising out of a written agreement.'

[87 Wash. 611] The two-year statute (Rem. & Bal. Code...

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11 practice notes
  • Shepherd v. Dougan, 6459
    • United States
    • United States State Supreme Court of Idaho
    • October 14, 1937
    ...Stempel, 52 La. Ann. 449, 26 So. 1004; Jefferson County v. Burlington R. R. Co., 66 Iowa 385, 16 N.W. 561, 23 N.W. 899; Seattle v. Walker, 87 Wash. 609, 152 P. 330.) Even if the instrument of April 5, 1927, had been valid appellant could have asserted no claim of lien under it for the reaso......
  • Common School District No. 18 v. Twin Falls Bank and Trust Co., 5860
    • United States
    • United States State Supreme Court of Idaho
    • June 24, 1932
    ...v. First Nat. Bank, 45 Idaho 451, 262 P. 1057; Adams County v. Ritzville State Bank, 154 Wash. 140, 281 P. 332; City of Seattle v. Walker, 87 Wash. 609, 152 P. 330; City of Hillyard, etc., v. Carabin, 96 Wash. 366, 165 P. 381; People v. Weineke, 122 Cal. 535, 55 P. 579; State v. King, 34 Ne......
  • Easter v. American West Financial, No. 03-35041.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • August 31, 2004
    ...interest runs from the time of each payment because that is the date on which the obligation to repay arises. City of Seattle v. Walker, 87 Wash. 609, 152 P. 330, 331-32 The Browns made their last payment in September 1997, more than three years before the complaint was filed, and their com......
  • Edwards v. Surety Finance Co. of Seattle, 24825.
    • United States
    • United States State Supreme Court of Washington
    • March 7, 1934
    ...to recover such payment. Lee v. Hillman, 74 Wash. 408, 133 P. 583, L. R. A. 1918B, 581, Ann. Cas. 1915A, 759; City of Seattle v. Walker, 87 Wash. 609, 152 P. 330; Buntyn v. National Mutual Bldg. & Loan Ass'n, 86 Miss. 454, 38 So. 345; Woodward on Quasi Contracts, p. 355, § 233; 27 R. C. L. ......
  • Request a trial to view additional results
11 cases
  • Shepherd v. Dougan, 6459
    • United States
    • United States State Supreme Court of Idaho
    • October 14, 1937
    ...Stempel, 52 La. Ann. 449, 26 So. 1004; Jefferson County v. Burlington R. R. Co., 66 Iowa 385, 16 N.W. 561, 23 N.W. 899; Seattle v. Walker, 87 Wash. 609, 152 P. 330.) Even if the instrument of April 5, 1927, had been valid appellant could have asserted no claim of lien under it for the reaso......
  • Common School District No. 18 v. Twin Falls Bank and Trust Co., 5860
    • United States
    • United States State Supreme Court of Idaho
    • June 24, 1932
    ...v. First Nat. Bank, 45 Idaho 451, 262 P. 1057; Adams County v. Ritzville State Bank, 154 Wash. 140, 281 P. 332; City of Seattle v. Walker, 87 Wash. 609, 152 P. 330; City of Hillyard, etc., v. Carabin, 96 Wash. 366, 165 P. 381; People v. Weineke, 122 Cal. 535, 55 P. 579; State v. King, 34 Ne......
  • Easter v. American West Financial, No. 03-35041.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • August 31, 2004
    ...interest runs from the time of each payment because that is the date on which the obligation to repay arises. City of Seattle v. Walker, 87 Wash. 609, 152 P. 330, 331-32 The Browns made their last payment in September 1997, more than three years before the complaint was filed, and their com......
  • Edwards v. Surety Finance Co. of Seattle, 24825.
    • United States
    • United States State Supreme Court of Washington
    • March 7, 1934
    ...to recover such payment. Lee v. Hillman, 74 Wash. 408, 133 P. 583, L. R. A. 1918B, 581, Ann. Cas. 1915A, 759; City of Seattle v. Walker, 87 Wash. 609, 152 P. 330; Buntyn v. National Mutual Bldg. & Loan Ass'n, 86 Miss. 454, 38 So. 345; Woodward on Quasi Contracts, p. 355, § 233; 27 R. C. L. ......
  • Request a trial to view additional results

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