Higginbotham Bros. & Co. v. Callaway

GRISSOM, Justice.

Higginbotham Bros. & Co., on October 30, 1941, filed suit against Oscar Callaway on a promissory note for the principal sum of $2,838.95. The note showed ten payments had been made on the note between June, 1936, and June, 1941. The note was dated May 20, 1933, and due on or before October 1, 1933. On the back of the note there was written an agreement extending the due date to November 1, 1937. Plaintiff’s petition was filed October 30, 1941. When the petition was filed, according to an agreement in the record, plaintiff instructed the clerk “not to issue citation and they…