Betzes v. Horowitz

The complaint sets up that the defendants un October 1?, 1925, assumed and agreed to pay the note secured by the mortgage which it is sought to foreclose; that they ceased to make payments on the note in accordance with its terms on January 25, 1931, at which latter time there was a balance of the principal sum owing in the amount of $10,200 plus accrued interest of $2,329.00.

The third defense sets up that the right of action did not accrue within three years next before the commencement of this action, evidently meaning that it arose more than three years before the action was commenced.

The…