Long v. Mates

On this appeal the question is whether a new liability on the part of the defendant, Mates, was created by payments of interest made in April, 1933, by the defendant, Gerlach, on a note dated March 1, 1921, and due March 1, 1922, and as to which the bar of the six-year statute of limitations had become complete on March 1, 1928, in respect to Mates.

Mates, as an accommodation maker, had joined with Gerlach in the execution of the note in consideration of a loan made solely to the latter by the plaintiff. Gerlach by paying the interest to plaintiff until March 1, 1932, had tolled the running of…