Adams v. Tucker
Colorado Court of Appeals
Appeal from the District Court of Pitkin County. On the 23d day of February, 1893, appellee brought suit against appellant on the following promissory notes : “ $2,500. February 20, 1883. “ On or before October 30,1883, after date I promise to pay to the order of L. R. Tucker, twenty-five hundred dollars at Colorado National Bank. Value received, with interest at 12 per cent per annum. “ (Signed) M. Adams.”
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Appeal from the District Court of Pitkin County. On the 23d day of February, 1893, appellee brought suit against appellant on the following promissory notes : “ $2,500. February 20, 1883. “ On or before October 30,1883, after date I promise to pay to the order of L. R. Tucker, twenty-five hundred dollars at Colorado National Bank. Value received, with interest at 12 per cent per annum. “ (Signed) M. Adams.” On which were indorsements as follows: “ Received on within note the sum of two hundred dollars legal services rendered in case of The People vs. Mrs. E. J. Harding, in supreme court of…
1Opinion of the CourtReed, P. J.
Counsel for appellant bases his claim for the reversal of the judgment entirely upon the refusal of the trial judge to grant a nonsuit. The determination of the correctness of the ruling involves and renders necessary an examination of all the questions presented growing out of the statute of limitations, as the defense of appellant was based entirely upon that statute.
I. Counsel takes it for granted that the bar of the statute was pleaded and issue taken upon it. I have very grave doubts in regard to the matter, and whether any question of the statute was so raised as to justify this court…
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