Macaulay v. Schurmann

*141OPINION OP THE COURT BY

ROBERTSON, C. J. (Quarles, J., Dissenting.)

In an action of assumpsit upon a promissory note the defendanbin-error, who was the plaintiff below, recovered a judgment which the plaintiff-in-error, Schurmann, seeks to have reversed. The note, which was for $500, was the joint and several one of the plaintiff-in-error and one McManus, executed in California on September 18, 1907, and due six months after date. The defense was the statute of limitations. Payments endorsed on the note were as follows: January 15, 1908, interest to December 18, 1907, $10; April 6,…