Clostermann v. Rode

On June 3,1947, plaintiff, as Executor of the estate of John H. Rode, deceased, commenced this action to recover on a promissory note executed by defendants in the sum of $20,000.00, dated December 31, 1929, and due one year after date. The court sustained a demurrer to the complaint on the ground that it affirmatively appeared therefrom that the action had not been commenced within the six-year period provided by statute (§ 1-204, O. C. L. A.). On refusal of the plaintiff further to plead, the action was dismissed. From the judgment of dismissal, the plaintiff appeals.

The sole question is…