Bunton v. Abernathy

SADLER, Justice.

The judgment appealed from was entered in plaintiff’s favor against defendants on a promissory note for its principal amount, interest, and attorney’s fees. The Bank of Magdalena in Socorro county was named as payee in the note and in connection with the liquidation of the assets of said bank it passed to plaintiff’s intestate under a blank indorsement by the receiver thereof.

Action on the note was barred by limitations unless the statute was tolled by admitted facts. The defendants were nonresidents when the note was executed and have continued so ever since, being residents…