King Collection Bureau v. Bruns

The parties are here in the same order they appeared *542in the trial court where plaintiff in error was plaintiff and defendants in error were defendants. We shall refer to them as they there appeared.

The action is on a promissory note for $3,175.00 executed by the defendants on December 13, 1955, due December 13, 1957. Plaintiff is the assignee of the original holder.

The complaint set out the note asserting that.it had not been paid, and judgment prayed for the principal sum plus interest. The defendants by answer alleged that the note contained the following clause:

■ “This note can be repaid…