Butt v. Burkett

Plaintiff sued on a promissory note given for the principal sum of $5,500, and upon which there was claimed to be due an unpaid balance of $855. Defendants’ demurrer to the third amended complaint was sustained without leave to amend, and from the judgment of dismissal which followed, plaintiff appeals. The question involved relates to the application of the statute of limitations.

The note, a copy of which was embodied in the complaint, was executed on July 1, 1927, and made payable two years after date. Consequently, according to its terms, the legal remedy afforded for its collection…