Golden Rule Oil Co. v. Liebst

The opinion of the court was delivered by

Dawson, C. J.:

This was an action to recover on a promissory note dated February 5, 1929, payable on demand. Credits for payments made on April 17, and on September 11, 1929, were endorsed on the note.

The action was begun on January 23, 1940, and to save it from the bar of the statute of limitations plaintiff alleged that on May 15, 1935, and also on June 4, 1935, defendant wrote and signed certain letters to the president of the plaintiff company in which he acknowledged the indebtedness evidenced by the note as an existing obligation.

The letters were…