National Bank of Commerce v. Preston

The sole issue on appeal is whether check stubs containing the notation “loan” and the corresponding checks constitute written loan agreements governed by the 6-year statute of limitations. We hold that they are' not written loan agreements and we affirm the trial court’s dismissal of this action for failure to commence the action within the statute of limitations.

While Harvey Rendsland was suffering from a serious illness, he resided with Nona Preston and her husband. During this period, Nona Preston helped Rendsland conduct his financial affairs. Between October 1967 and January 1968 Nona…