Baxter

Plaintiff appeals from the judgment for defendant after order sustaining demurrer to plaintiff’s amended complaint. The demurrer, besides demurring generally, raised the statute of limitations by appropriate specifi cations. The complaint in many respects is like the one passed upon in Prichard v. Mercantile Trust Co. and King, 65 Cal. App. 327 [ 224 Pac. 103 ]. The defendant there was sued as administratrix, but here individually. The complaint alleges that plaintiff was a partner of Fred G-. King; that he conducted the partnership business in his own name from 1892 until the time of his death in 1920; that a large sum of the profits of said business was invested by said King for said partnership in the purchase of a large number of shares of stock in the Boston-Pacific Oil Company, a corporation, and that the certificates representing said stock “which had been issued to him in his lifetime in his name being in his possession at the time of his death as a part of the assets and property of said partnership, belonged to plaintiff as the sole surviving partner of said partnership.” Allegation Number VI is as follows:

The complaint was filed July 15, 1924, which was more than two…