German National Bank v. Zimmer

Opinion of the Court by

Judge Carroll

Affirmuig.

In 1893 the appellee Zimmer in the State of Ohio executed to the order of Henry Eschmeyer his promissory note for $575.00, due sixty days after date— no place of payment being specified. Before the maturity of the note, Eschmeyer discounted it to the appellant, German National Bank, having its place of business in the State of Ohio. In 1908 the bank brought suit upon the note, and Zimmer in his answer pleaded that the note had been placed on the footing of a bill of exchange by the Ohio law and so the action upon it was barred by the five year…