Marlin Rockwell Employees Credit Union v. Brown

In this action the plaintiff sought recovery of a balance due on a promissory note. The defendant did not enter an appearance and was otherwise unrepresented both in the trial court and in this court. In its memorandum of decision the court found that the note was executed on March 7, 1956, and was in default on November 7, 1956. It thereupon rendered judgment for the defendant, stating that the Statute of Limitations was clearly self evident on the pleadings and that it could not in equity close its eyes to the facts alleged. A motion by the plaintiff to open the judgment was denied.

The…