MacIntyre v. Albers

Action upon a promissory note wherein a verdict was directed for defendant. Plaintiff appeals from the judgment.

The statute of limitations was pleaded as a defense. Plaintiff introduced in evidence the note sued upon and rested. The note bears date of October 5, 1918, matured six months thereafter, and has no indorsements. Interest for six months was paid, but it does not appear when. The action was commenced August 27, 1926. So plaintiff’s case makes it appear that his cause of action is barred. If the payment of interest was within six years of the commencement of the action, plaintiff has…