Merchants' Exchange National Bank v. Wallach

To an action upon a promissory note, made by the firm of Haters & Co., of which the defendant was a member, the defense of the Statute of Limitations was interposed, and the sole issue in the case was whether payments had been made upon the instrument within- six years before the commencement of the action, which payments became binding upon the defendant, thereby removing the bar of the statute.

The plaintiff was the payee of the note, óf date August 4, 1888, payable in six months; and the action was commenced February 4, 1896; thus the lapse of more than six years between the accrual of the…