Baker v. Broughton

The majority opinion, in so far as it holds that the allegation of the existence of an indorsement of interest payment on a promissory note, without an allegation of payment of such interest, is sufficient to raise the inference that such payment was actually made, so as to toll the statute of limitations, is in conflict with the prior decisions of this court as well as the general rule in the vast majority of jurisdictions.

In Texas Title Guaranty Co. v. Shepherd, 184 Okla. 599, 89 P. 2d 337, it is held that where the indorsement of partial payment on a promissory note is relied upon to save…