Tilden Lumber Co. v. Perino

The plaintiff has appealed from a judgment- rendered by the trial court dismissing its complaint. The plaintiff’s action was based on a promissory note. The defendant filed a demurrer in which it pleaded the statute of limitations. The demurrer was sustained without leave to amend. After notice given the plaintiff did not ask leave to amend and judgment was entered dismissing the complaint.

The plaintiff asserts that its action was filed on the last day, but that it was not barred. The note was delivered on August 27, 1929. It was payable on demand. The statute commenced to run immediately…