Gentry v. Walker

An action was brought by Walker against Gentry on a promissory note due November 1, 1885. The defendant pleaded that the action had been prematurely begun, and set up a written agreement between himself and the plaintiff, purporting to have been founded upon a valuable consideration, from which it appeared that the time for payment had been extended to November 6, 1895. The action was brought January 1, 1895. The court below struck the plea, and the defendant excepted.

It is true that at the time of the trial the note, even finder *124the terms of the written agreement, was past due; ■ This fact,…