Estate of Schmidt v. Schmidt

The sole question upon this appeal is whether deceased, Henry Schmidt, by the terms of the note, agreed, consented, and acquiesced to the payment of interest after maturity and thereby tolled the statute of limitations as to him. It is undisputed that Schmidt was an accommodation person, the money having actually been loaned and paid to the Pippings. It is not contended that Schmidt gave his consent or acquiescence to the interest payments, except as such consent may be read out of the note itself. Sec. 330.47, Stats., reads:

“If there are two or more joint contractors or joint executors or…