Wallbaum v. Martin

This is a civil action, brought on a promissory note, which became due more than eight years prior to the commencement of the action. It is before this court on the plaintiff’s appeal from the judgment of a superior court justice granting the defendant’s motion to dismiss on the ground that the claim was barred by the statute of limitations.

It appears from the pleadings and said promissory note that on January 3, 1953, plaintiff and her husband, who died prior to the commencement of the action, loaned $3,000 to defendant and his wife, whose death also preceded litigation. The loan was for a…