Bernard v. Davidson

The opinion of the court was delivered by

Mason, J.:

In an action by the holder of a promissory -note against several makers the defendants appeal from the overruling of a demurrer to the amended petition. The sole question presented is whether the making of a payment in November, 1915, was sufficiently pleaded within five years from that date to show a new starting point for the statute of limitation.

The note was dated October 10, 1910, and due in five years. It is contended by the defendants that by virtue of an acceleration clause it became due and the statute of limitation began to run at…