Wipf v. Blake

Plaintiff brought suit in November, 1943, upon defendant’s promissory note due and payable December 1, 1931. After pleading the making and execution of the note, the assignment thereof to plaintiff and the absence of any payment thereon, the complaint alleges that on March 2, 1938, the defendant, by his instrument in writing, absolutely promised to pay the note. Defendant’s answer, in addition to specific denials, pleads the bar of the statute of limitations. A jury trial upon the issues thus presented came to a close as each party, after resting his case, moved for a directed verdict. The…