Drum v. Chism

' This is a suit in assumpsit, brought by appellee against Hiram Drum and Philo Barto upon a promissory note for §150, dated April 28, 1897, payable to the' order of John W. Dalby, due in twelve months and assigned by Dalby to appellees on December 1, 1895. The only defense made was that the action was barred by the statute of limitations. Appellees relied upon proof of two payments made by Dalby to Drum to take the case out of the operation of the statute—one of $30, made and indorsed September 24, 1888, and one of $1.25, made and indorsed March 12,1890. As to those payments there was a…