Wasinger v. Reid

TURSI, Judge.

Plaintiff, James Wasinger, appeals from a trial court order dismissing his claim against defendant, Michael Reid. We affirm.

On February 24, 1984, Wasinger filed this action to collect $15,000 plus interest on a promissory note executed by Reid in favor of Wasinger. The note, executed on May 2, 1974, was payable on demand. Asserting a failure to state a claim upon which relief can be granted, Reid filed a motion to dismiss pursuant to C.R.C.P. 12(b)(5) and 41(b)(1). The motion asserted that any action on the note was barred by the six-year statute of limitations. See §…