Borden v. Fletcher's Estate
Michigan Supreme Court
Error to Kent; Wolcott, J. Eliza A. Borden, by Frances B. Eby, her guardian, ^ presented a claim against the estate of Niram A. Fletcher, deceased, upon a promissory note. From a judgment for defendant on verdict directed by the court, claimant brings error.
1Opinion of the CourtHooker, C. J.
The appellant presented a claim against the estate of Niram A. Fletcher, deceased. It was based on a promissory note for $2,500, with interest at 8 per cent., dated December 29,1881, due two years after date, and signed “Simonds & Fletcher.” A number of unsigned indorsements of payments were written on its back; also the following:
‘‘ Feb. 1, ’87. I consent to any extension of time which may be given to O. H. Simonds on the within note.
“N. A. Fletcher.”
The defendant answered, among other things, that the note was barred by the statute of limitations, and the probate court so held, as did the…
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