Albachten v. Bradley

Peterson, Justice.

Plaintiff as the payee sues defendant as the maker of a promissory note for $8,000 dated August 22, 1932, and payable one year after date. Action was commenced on January 10, 1941, more than seven years after maturity of the note.

The defense was that the action was barred by the statute of limitations, Mason St. 1927, § 9191(1), upon the ground that the action was not commenced within six years after the cause of action accrued.

Plaintiff sought to avoid the bar of the statute by an agreement of the parties extending the time of payment and by "an estoppel on the part of…