Stewart v. Stewart

This is an action commenced August 2, 1905, upon a promissory note of the defendant for four hundred dollars, bearing interest at the rate of one and a half per cent per month, dated June 1, 1874, and by its terms due and payable ninety days after date. Plaintiff recovered a judgment for twenty-six hundred and eighty dollars, from which the defendant appeals.

One of the defenses to the action was the limitation prescribed by section 337 of the Code of Civil Procedure, with respect to which the superior court made the following findings;—•

“17.

“The court further finds that from the date of the…