Fidelity Bank v. Hessee

Does the agreement in the face of the note, “the subscribers and endorsers hereof agree to remain and continue bound, . . . notwithstanding any extension or extensions for the time of payment of it, or any part of it,” deprive the defendant of the defense of the statute of limitations when it is found as a fact that the maker paid interest on the note to' 28 January, 1931, and it appears that the suit was duly instituted on 9 September, 1932 ?

C. S., 3092, Michie’s Code of 1931, provides that: “Where the waiver is embodied in the instrument itself it is binding upon all parties, but where it…