Hopkins Automobile Equipment Co. v. Lyon

Hopkins Automobile Equipment Company filed suit on a promissory note signed, “D. P. Lyon (seal),” and on the back of the note was the blank indorsement, “R. E. Lyon.” The note was dated August 15, 1929. Suit was filed November 9, 1937. The defendant, R. E. Lyon, filed a general demurrer alleging that no cause of action was set out as against him, and that it affirmatively-appeared from the petition that the note was barred by the statute of limitations, his signature not being under seal. The court sustained this demurrer and error is assigned upon this ruling.

Before the passage of the…