First Trust & Savings Bank v. Randall

March 19, 1921, appellant executed two promissory note's, with interest at 8 per cent, payable to respondent, as follows:

First note: for $5,000, signed by appellant as manager of Galata Montana Emporium Company, due Oct. 1, 1921;

Second note: for $1,168.60, signed by appellant personally, due June 1, 1921.

The notes were not paid and this action was instituted June 29, 1935, to collect the amount due. Appellant answered, pleading the bar of the statute of limitations, and as a second separate defense, that the notes were not delivered to respondent but were stolen from the safety deposit box of…