Wight v. Stevenson

MR. JUSTICE ANGSTMAN:

This action was to recover on a promissory note, admittedly executed by defendant and made payable to plaintiff. The note was executed on January 14, 1931, and made payable 90 days from date. The action was commenced in 1946.

The complaint alleged that on January 3, 1934, defendant *378paid $100 on the note and on September 1, 1938, the further sum of $75.

Defendant pleaded that he did not make the payments alleged in the complaint and that the action was barred by the Statute of Limitations. See. 9029, Rev. Codes 1935, R. C. M. 1947, sec. 93-2603.

A further separate defense was…