Lowe

This action was brought for an alleged conversion by defendant’s testator of certain described personal property—namely, bonds and coupons. The complaint shows that the action was commenced within three years, but not within two years, after the alleged conversion; and the court below sustained the demurrer to the complaint upon the ground that the action was barred by subdivision one of section 339 of the Code of Civil Procedure, which provides that “an action upon a contract, obligation, or liability, not founded upon an instrument in writing” must be brought “within two years.” There is no doubt that this provision includes the cause of action in the ease at bar, unless the latter comes expressly within some other category of limitation. “Liability” as used in the section includes responsibility for torts, and “is applicable to all actions at law, not specially mentioned in other portions of the statute.” (Piller v. Southern Pacific R. R. Co., 52 Cal. 42 . See, also, Raynor v. Mintzer, 72 Cal. 590 ; McCusker v. Walker, 77 Cal. 212 ; Lattin v. Gillette, 95 Cal. 317 . ) But we think that the limitation of the cause of action in the case at bar is specifically declared in section…