Greene

The appellant brought this action to recover an assessment levied by the Comptroller of the United States on January 10, 1933, upon the stockholders of the Tecumseh National Bank of Tecumseh, Old., payable February 17, 1933. This action was begun February 10, 1936, in the District Court of the United States for the Southern District of California, more than three years after the date of the assessment, and less than three years after the date when the assessment was payable. It is conceded that the statute of limitations of California controls [McClaine v. Rankin, 197 U.S. 154 , 25 S.Ct. 410 , 49 L.Ed. 702 , 3 Ann. Cas. 500; Mann v. Kleisdorff (C.C.A.) 16 F.(2d) 997 ]; that the liability is created by statute within the meaning of section 359 of the Code of Civil Procedure; and that *684 that section of the Code is the applicable statute of limitations.

This statute provides that an action on a statutory liability must “be brought within three years after * * * the liability was created,” and has been frequently construed by the California courts. It has been uniformly held that under this statute the period of limitation begins to run as soon as the liability is created…