Bernloehr v. Fredrickson

Peterson, Justice.

Plaintiff began this action on April 17, 1941, to recover the balance due on a promissory note. The defense is the six-year statute of limitations.

On September 28, 1927, defendant as an accommodation maker with his brother, Wessel, signed a promissory note for $1,200 with interest at five per cent per annum payable to plaintiff at the State Bank of La Salle on or before five years after date.

Interest was paid annually by Wessel. The fact of each payment was endorsed on the note. Wessel died on July 23, 1939. From assets of his estate, $647.92 was paid on the note, leaving a…