Hayes v. Reid

The opinion of the court was delivered by

Wedell, J.:

This was an action by the receiver of a failed bank to recover against defendants, husband and wife, on a promissory note. Plaintiff prevailed, and the wife alone appeals.

The main question to be determined is whether the statute of limitations was tolled as to appellant by a certain payment made on a note a few days before the action became barred. The question arose on a demurrer to appellee’s evidence. The demurrer was overruled. On demurrer the court does not pass on conflicting evidence and the evidence must be weighed in the light most…