Hunter v. Fitzmaurice

This suit was brought by Fitzmaurice against Durbin, Hunter and Wernke, to recover .the amount of a promissory note. In the complaint it is averred that the note was executed on the 25th day of June, 1880. A copy of the note filed with and referred to as an exhibit in the complaint bears date June 25th, 1882, and shows that the note was to run six months from its date. As appears from a copy of the summons set out in the record, the suit was commenced November 3d, 1882. There was no demurrer to the complaint. An answer of nonest factum was filed by Wernke, and a separate special answer by…