Herrington v. Davitt

This action is brought upon a promissory note alleged to have been made by defendants’ testator May 2, 1900. The action was commenced June 8, 1912.

The complaint contains an allegation evidently made for the purpose of avoiding the Statute of Limitations, which in substance is that the maker of the note subsequently to its making promised and agreed with the plaintiff that he would pay the note.

The defendants admit the making and delivery of the note but deny its nonpayment, and allege that plaintiff joined in a composition in bankruptcy proceedings against the maker of the note, which…