Harbaugh v. Herr

The opinion of the court was delivered by

Hutchison, J.:

The question involved in this appeal is whether a certain letter written by the maker óf a note to the payee thereof is such an acknowledgment of an existing liability, debt or claim or promise to pay the same as will toll the statute of limitations under R. S. 60-312. The trial court held that it was, and overruled the demurrer of the defendant to the plaintiff’s amended petition, from which ruling the defendant appeals.

The note upon which suit was brought was dated February 10, 1922. It was signed by the defendant, made payable to the…