Harris v. Clark

OPINION OP THE COURT BY

WILDER, J.

This is an action of assumpsit, tbe defense being the statute of limitations. Defendant executed a promissory note in favor of plaintiff at Pasadena, California, on June 7, 1897, payable in one year. The action was begun, in the circuit court on August 16, 1906, which court, after a trial jury waived, gave judgment for plaintiff, and defendant comes to this court on exceptions which raise the sole question of whether the evidence shows a new promise so as to take the case out of the statute of limitations.

The evidence relied on to show a new promise consists…