James A. Williams v. R. J. McNealy A. C. Muldoon

Williams appeals from a judgment of the District Court for the District of Alaska, Fourth Division, dismissing his complaint filed on February 4, 1956 in the above entitled action on the ground that the action was barred by the statute of limitations.

The complaint against McNealy and Muldoon charges:

(1) That McNealy (a) in June 1953 fraudulently obtained $500 from appellant upon a false allegation that he, Mc-Nealy, had obtained a valid liquor license for a certain night club; (b) on July-31, 1953 fraudulently obtained $250 from appellant on the false representation that he had caused a valid liquor license to be transferred to a certain address; and (c) on August 15, 1953 embezzled $250 which appellant had left in trust, with McNealy.

(2) As to Muldoon, appellant alleges that on the 31st of July, 1953 Muldoon fraudulently obtained $250.00 from appellant by falsely representing that he had sold a liquor license for a certain location.

McNealy and Muldoon each moved to-dismiss the complaint on the ground that the claims against each were torts barred, by the Alaska statute of limitations, 3 A.C.L.A.1949, § 55-2-7 as far as pertinent providing:

The district court granted the…