Grass v. Eiker

QUINN, Associate Judge.

This case is before us for the second time. The suit was originally brought by appellant in 1955 on a note executed by appellee in 1940. The principal defense was the three-year statute of limitations. 1 In an attempt to take the action out of the operation of the statute, 2 appellant offered to show that appellee acknowledged the debt in writing by listing it as a liability on a report which he filed in 1954 with the Securities and Exchange Commission pursuant to its rules. He also offered to prove certain oral acknowledgments and admissions. Appellee moved for summary…