Massachusetts Mutual Life Insurance v. Paust

Peterson, Justice.

This action was commenced on or about January 17, 1940, to recover a deficiency judgment upon notes secured by a real estate mortgage after exhaustion of the security by foreclosure. The defense is the statute of limitations. The action having been dismissed as to the defendant Jess W. Paust and no point having been raised with respect to such dismissal, we shall refer to Benjamin A. Paust as the defendant.

On August 3, 1925, plaintiff loaned to defendant the sum of $110,000, for which defendant executed and delivered to plaintiff eight promissory notes aggregating said…