Lenzen v. Miller

Irvine, C.

Miller sued Lenzen on three promissory notes executed on January 17, 1876, each for $500 and each bearing interest at ten per cent per annum. He recovered judgment for $3,704.11.' Miller seeks to reverse this judgment.

The plaintiff, in his petition, evidently for the purpose of avoiding the statute of limitations, pleads, or undertakes to plead, six small payments on each note. These payments amount in the aggregate to $790. The verdict was rendered November 16, 1893. An assignment in the motion for a new trial, preserved in the petition in error and in the briefs, is that the…