Brock v. Sirmans

MOORMAN, Circuit Judge.

These suits were brought in a state court in Kentucky on promissory notes executed to plaintiffs in the state of Texas, and made payable ten months after date at a bank in that state. The defendant, being a nonresident of Kentucky, removed the suits to the United States District Court for the Western District of Kentucky, where he filed answers pleading inter alia that the actions were barred by the Texas statute of limitations. To these pleas the plaintiffs filed replies relying, in avoidance thereof, upon an absentee provision in the Texas statute, and alleging that…