Brown v. Comer

Jayne, C. C. J.

This action is prosecuted to recover the principal and interest alleged to 'be due and owing to the plaintiff on the promissory note of the defendant. To the complaint an answer has been filed embodying two separate defenses, the first of which may be described as a general denial of all the allegations of the complaint and the second avers that the alleged cause of action accrued more than six years prior to the commencement of the action and that the action is therefore barred by the applicable provisions of the statute of limitations.

The plaintiff by this motion seeks the…