Spencer v. J. Turney & Co.

The opinion of the court was delivered by:

Bierer, J. :

J. Turney & Co. brought this action in the court below to recover judgment for the principal and interest upon a note which they allege in their petition was made by defendant to plaintiffs at Fairfield, Iowa, on the 7th day of March, 1889, for the sum of $1,363.50, with interest at the rate of 10 per cent per annum, said note being due six months after its date.

The defendant filed a demurrer to the petition, which was overruled, and he then answered in three paragraphs, the first being that the note was barred by limitation and the second…