Upham v. Shattuck

The opinion of the court was delivered by

Harvey, J.;

This was an action on four promissory notes and to set aside a deed, executed by the surviving maker of the notes, alleged to have been without consideration and in fraud of plaintiff. The trial court, treating it as a demurrer, sustained defendants' motion for judgment on plaintiff’s second amended petition. Plaintiff has appealed.

The petition was filed February 23, 1939, and the second amended petition October 11,1939. The first cause of action was upon a note, which reads as follows:

*967“$1,000.00 January 28, 1938.

“Five years after date I…