Section 206. Computing periods of limitation in particular actions  


Latest version.
  • (a)
      Where demand necessary. Except as provided in article 3 of  the  uniform
      commercial  code,  where  a  demand  is necessary to entitle a person to
      commence an action, the time within which the action must  be  commenced
      shall  be  computed  from  the time when the right to make the demand is
      complete, except that
        1. where a right grows out of the receipt or  detention  of  money  or
      property  by  a  trustee,  agent,  attorney  or other person acting in a
      fiduciary capacity, the time within which the action must  be  commenced
      shall be computed from the time when the person having the right to make
      the demand discovered the facts upon which the right depends; and
        2. where there was a deposit of money to be repaid only upon a special
      demand,   or  a  delivery  of  personal  property  not  to  be  returned
      specifically or in kind at a fixed time or upon a fixed contingency, the
      time within which the action must be commenced shall  be  computed  from
      the demand for repayment or return.
        (b)  Based on misconduct of agent. Where a judgment is entered against
      a principal in an action based upon an injury resulting from the act  or
      omission  of his deputy or agent, the time within which an action by the
      principal against the deputy or agent to recover damages  by  reason  of
      such  judgment  must  be commenced shall be computed, from the time when
      the action against the principal was finally determined. Where an injury
      results from the representation by a person that he  is  an  agent  with
      authority  to  execute  a  contract  in  behalf of a principal, the time
      within which an action to recover damages  for  breach  of  warranty  of
      authority  must be commenced by the person injured against the purported
      agent shall be computed from the time the person injured discovered  the
      facts constituting lack of authority.
        (c) Based on breach of covenant of seizin or against incumbrances.  In
      an  action  based  upon  breach  of  a  covenant  of  seizin  or against
      incumbrances, the time within which the action must be  commenced  shall
      be computed from an eviction.
        (d)  Based  on  account.  In  an  action based upon a mutual, open and
      current account, where there have been reciprocal  demands  between  the
      parties,  the  time  within  which the action must be commenced shall be
      computed from the time of the last transaction in the account on  either
      side.