Ellsworth v. Spray

The opinion of the court was delivered by

Johnston, C. J.;

Elizabeth Ellsworth brought this action against C. A. Spray, J. F. Spray and L. H. Spray, to recover on a promissory note purporting to have been executed by the defendants on October 12, 1913. There were indorsements of the payment of interest from time to time, until July 26, 1931. The original payee of the note, which was transferred to Mrs. Ellsworth in 1924, was the Moline National Bank. No interest payments were made for a time after October, 1928, and when payment was demanded of the Sprays they were told by one of them, “I can’t…