Commercial Service Corp. v. Stratton

RUDOLPH,' P.J.

The single question presented by this record is whether the notes sued on are sealed instruments and subject to the twenty-year statute of limitations. SDC 33.0232(1) (b). The notes are in the ordinary form, with the exception that immediately following the line upon which appears the defendant’s signature there is the word “Seal” in brackets, as follows: [Seal].

The trial court held that the notes were not sealed instruments subject to the twenty-year statute of limitations. Plaintiff has appealed.

The notes in form bear a seal as defined by our Code. SDC 65.0201(18) defines a…