Kochritz

Plaintiff sued as assignee of W. H. Marston to enforce the stockholders’ liability of the defendants, all of whom were stockholders of the Central Alaska Fisheries, Inc. Plaintiff had judgment against the defendants in accordance with their respective- liability. Eleven of these defendants have appealed on typewritten transcripts.

In all the appeals but one point is raised which requires consideration, and that is the application of the statute of limitations. The original indebtedness was evidenced by promissory notes executed by the corporation amounting to $128,000. Payment of these notes was guaranteed by W. H. Marston. They were dated over a period from August 6, 1920, to September 30th of the same year. The banks which held the notes were paid by Marston over a period from January 23, 1921, to October 15th of the same year. Marston assigned this claim to the corporation plaintiff, which commenced this action on September 23, 1923. Thus, if the statute of limitations commenced to run from the date of the original obligation of the Fisheries Company, the greater portion of plaintiff’s claim would be barred.

Appellants argue that Marston’s contract was one of guaranty and not…