Prudential Loan Corp. v. Peraner

Pettingell, A. P. J.

Action of contract, begun in 1940, by the holder of a witnessed promissory note, due in 1931, *186secured by a mortgage of real estate. The defense is the six year statute of hmitations.

The trial judge filed the following:

“It was agreed by the parties that the only question involved was whether the note sued on (by a holder other than the original payee) was bound by the six (6) year statute of limitations, or whether the twenty (20) year statute of limitations applied.

“I ruled that the note was subject to the six (6) year statute of limitations and found for the defendant.

“The…