Fry v. Smith

JOHNSON, J. —

This is a suit on a negotiable promissory note begun in the circuit court March 25, 1910¡ The answer admitted the execution of the note, denied the other allegations of the petition and averred that the note was barred by the Statute of Limita*362tions. In obedience to a peremptory instruction the jury returned a verdict for defendant and plaintiff appealed from a judgment rendered on that verdict.

‘The note was executed and delivered by defendant January 31, 1899, to Robert Matteson'as payee and plaintiff claims that he purchased it December 17, 1909, on which date it was indorsed…