Capek v. Monahan

We shall refer to the parties as they appeared in the trial court. Plaintiff sued as assignee of a deceased payee on two unsecured promissory notes, admittedly executed by defendant, one for $3,640.00 and the other for $617.00, the latter being for past due interest on the principal note. The larger note was a renewal note for an existing indebtedness. Plaintiff alleged that in September, 1938, defendant paid five dollars on the larger note, and in October, 1938, a like sum on the smaller note, thereby tolling the running of the statute of limitations. These payments were denied by defendant,…