Fourth National Bank v. Wilson

On March 24, 1921, an action was begun against an endorser on three promissory notes dated respectively November 19, 1913, December 16, 1913, and October 14, 1913, the first two being payable in 60 days after date, and the last 90 days after date.

The defendant pleaded the five-year statute of limitations which is applicable to Instruments not under seal. The plea was demurred to on the theory that the note being under seal by the .maker, the 20-year statute applies to the endorsers as well as to the maker. The demurrer was overruled and final judgment rendered for the’ defendant on the…