Murphy v. Phelps

Harwood, J.—

Plaintiff’s action is founded upon a promissory note, dated September 4, 1884, and the action to enforce payment thereof was not commenced within the period of six years from said date. It is conceded that the action would be barred by the Statute of Limitations if no payment was made on the note to bring the claim within the period of limitation prescribed (Code Civ. Proc. § 54); but plaintiff maintains that a payment of $90.30 was made thereon December 6, 1888.

The first point raised by appellant is that the complaint fails to state facts sufficient to constitute a cause of…