Dwyer v. Harris

This is an action brought in 1939 on a note made in 1932 by the Danbury Hotel Company to the plaintiff, payable, three months after date, and indorsed by the defendant. A special defense pleaded the bar of the Statute of limitations. The plaintiff replied that the cause of action was renewed by the acknowledgment and new promises of the defendant; and that was the sole issue upon the trial to a jury. This appeal concerns only the legal adequacy of the trial judge’s instructions upon that point.

The finding, which is not attacked, shows that the plaintiff offered proof of the execution,…