Farmers' Shipping Ass'n v. Nordgren

FULLER, C.

Plaintiff, the respondent here, commenced this action upon a promissory note to it given by defendant. Defendant pleaded a counterclaim for debt for the value of grain delivered to plaintiff. By way of reply the plaintiff pleaded the statute of limitations against defendant’s counterclaim. Verdict was directed for plaintiff, for the amount of the note sued upon, and defendant-appeals. The defendant, as appellant, contends that respondent was estopped to plead the statute of limitations against his counterclaim, for the reason that, when he signed the promissory note upon which…