Newcombe v. Fox

—This action is upon a promissory note, and the sole defense was payment. The question presented on the merits of this appeal is only whether it was error to order a verdict for the plaintiff. The note was dated November 1, 1886, payable on demand to Newcombe & Cardozo, and was produced by plaintiff. When that was done, there arose a presumption that she was the owner of it. Stephens v. McNeill, 26 Barb. 657.

It appears that suit was brought on the note on the 31st day of *634October, 1892, just before it would have been barred by the statute of limitations, and it is insisted that the delay to…