Cowan

The plaintiff appeals from a judgment in its favor for the sum of $68.58 with interest, and which excluded an item of six hundred dollars and interest for money loaned by plaintiff to defendant and included in an open book account. The appellant contends that the evidence is insufficient to justify the court’s finding to the effect that the cause of action on said item of six hundred dollars is barred by subdivision 1 of section 339 of the Code of Civil Procedure. That money was loaned by the plaintiff to the defendant more than two years and less than four years from the date of commencement of this action. The cause of action, therefore, was not barred, unless such item was not capable of being included in an open book account. (Code Civ. Proc., sec. 337, subd. 2.)

[1] The defendant was a stockholder and director of plaintiff corporation and was also an employee of the plaintiff. That an open book account did exist between them, consisting of various items, is a fact beyond controversy. . While the account was running and unsettled, the defendant found it necessary to borrow the sum of six hundred dollars to enable Mm to make a payment on account of the purchase by him of…