American Employers Insurance Company v. Charles E. Carney

GEWIN, Circuit Judge:

Suit was brought by American Employers Insurance Company, appellant, in the United States District Court for the Northern District of Alabama against Charles E. Carney, appellee, to recover $35,693.87 on a non-negotiable promissory note executed by R. C. Cooke in 1956 and indorsed by appellee, plus attorney’s fee and costs. The district court concluded that installments due on the note in 1957, 1958 and 1959 were barred by the statute of limitations of six years and therefore entered judgment for appellant in the sum of $28,435.37 plus $3,000 as a reasonable attorney’s…