KOHOUT v. ADLER

No. 30297.

327 S.W.2d 492 (1959)

Joseph B. KOHOUT and Theresa A. Kohout, his wife (Plaintiffs), v. Milton T. ADLER, Norien Piper and Daniel W. Piper, Eleanor Vandas (Defendants), Appellant, Standard Accident Insurance Company, a corporation (New Party Defendant), Respondent.

St. Louis Court of Appeals, Missouri.

September 15, 1959.


Attorney(s) appearing for the Case

Edward C. Schneider, Harry A. Frank, St. Louis, for appellant.

J. D. Leritz, J. L. Leritz, St. Louis, for respondent.


JAMES D. CLEMENS, Special Commissioner.

This is an action on a notary public's bond, thwarted by the surety's plea of the 3-year statute of limitations. The issue here is whether the statute began to run its course when the defalcation occurred in 1952 or when it was discovered by the victim in 1958.

The first scene of this legal drama opened with the innocent bystanders, Joseph and Theresa Kohout, bringing suit to set aside a forged deed of trust which clouded...

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