Taylor v. Barbecue Time, Inc.

This is an action on a series of demand promissory notes, which bear the date of April 18,1978. On November 10, 1988, plaintiff sued on the notes. He attached them to the complaint and alleged that defendant

“has made payment toward said notes on dates through October, 1981 and within six years thereafter and within the six years immediately preceding the commencement of this action * *

In its answer, defendant denied those allegations but did not allege the Statute of Limitations, ORS 12.080(1); ORS 12.240, as an affirmative defense.

Plaintiff moved for summary judgment. ORCP 47. He introduced…