Temple Lumber Co. v. Lattner

On or about February 9, 1925, the defendant-appellant executed a promissory note payable to the plaintiff-appellee in the sum of $2,750, together with interest at 8 per cent per annum. It is alleged by appellee that appellant failed to pay the principal and interest on the foregoing note. Consequently, on September 28, 1928, the appellee commenced this suit against the appellant, and, in prosecution thereof, filed his petition with the clerk of the Linn County district court, for the purpose of collecting the sum due on the note. More than three months thereafter, to wit, on January 17, 1929,…