Waterman v. Barclay

The plaintiff sued on notes. The defendant filed .a demurrer, on the ground that the petition showed on its face that the action was barred. More than six years had elapsed since the notes became due, and it is conceded that, unless they are held to be instruments under'seal, the demurrer is well taken. Under our .statute (Civil Code (1910), § 4359), “no instrument shall be considered under seal unless so recited in the body of the instrument.” It is well settled that merely to add the word “[Seal],” or the letters “ [L. S.],” after the signature, does not make the instrument a sealed…