Osbourn v. Calloway

DUNKLIN, Chief Justice.

This suit was instituted by E. W. Os-bourn against A. J. Calloway and F. E. Deen, on certain promissory notes executed by defendant Calloway and endorsed by defendant Deen. Both defendants filed pleas of four year limitation. According to allegations in the pleadings of all the parties, the notes show on their face that they had matured more than four years before the suit was instituted. To avoid that show of limitation, plaintiff alleged that the period of limitation pleaded had been tolled by letters of defendants to the holders of the notes, acknowledging the…