Hirtler v. Hirtler

MAUGHAN, Justice:

Before us is the validity of the lower court’s action in granting a motion to dismiss. Plaintiff sued on a promissory note executed by defendant September 14, 1966. The action was filed August 10, 1976.

The note was payable on demand. Plaintiff alleged no payment although demand had been made. Defendant pleaded the statute of limitations, Sec. 78-12-23(2), U.C.A.1953, which provides a six year limitation on an action upon a contract such as the one under consideration. Contained in the note was the following provision:. The right to plead any and all statutes of limitations as…