Ebersole v. Omaha National Bank

Ames, C.

This is a proceeding in error to reverse a judgment, pursuant to a verdict for the plaintiff below, returned in obedience to a peremptory instruction by the court. The action was upon a book account and three promissory notes of the defendant. The defense was the statute of limitations. The notes were dated and given January 31, 1893, and were payable on demand. The book account *779was of transactions extending from that date nntil November 30, 1897. The plaintiff below is assignee of the payee* of all these obligations. At some time, not specified by counsel, the debtor delivered to the…