Albers v. Pommerening

This is an action upon a promissory note. Defendants, who are husband and wife, executed the note July 28, 1928, in the sum of $500 payable one year after date. The last indorsement on the note was made by a bookkeeper of the First State Bank, Holland, Michigan. It purported to show payment on April 11, 1931, of five dollars to apply on interest. The record shows that on April 9,1931, the assistant cashier made a deposit slip in his own handwriting showing that the five dollars was to apply on interest on the note.

Suit was commenced April 7, 1937. Both defendants relied on the statute of…