Krause v. Spurgeon

This is a suit on a promissory note. Plaintiff recovered judgment and defendant appealed.

The defense relied upon was payment and the Statute of Limitations. The trial was had before a jury, but the jury failed to agree. Thereafter it was agreed that the record as made at the trial be submitted to the court sitting as a jury. This was done and the court found for plaintiffs. This is the second time this cause has reached this court, [See Krause et al. v. Spurgeon, 256 S. W. 1072.] We make reference to our former opinion for the facts underlying this canse, and will state in the course of this…