Mitchell v. Duncan

On September 8,1927, appellee, Mrs. F. R. Duncan, purchased certain household and kitchen furniture from appellant, E. E. Mitchell, doing business as E. E. Mitchell & Company, amounting to $274.26, and executed her note payable to appellant for that sum. Three payments were indorsed upon the note, the last under date of September 27, 1929. This suit was begun August 2, 1933, therefore there is no question of limitations in the case.

It is not insisted that more than three payments were made; but it is insisted that a $70 payment was made, for which a credit of only fifty dollars was indorsed…