Lovrien v. Oestrich

The note sued upon is dated December 1,1916. By its terms it was made payable 30 days after demand. The petition, which was filed October 14, 1930, alleges that demand was made September 12, 1930. Defendant demurred on the ground that the action was barred by the statute of limitations.

The note by its terms bears interest at six per cent, payable annually. The form is one in common use for both short and long-time loans. There is nothing in the form or nature of the contract represented by the note which would indicate any expectation or understanding that demand was not to be made promptly.…