Vernon Nat. Farm Loan Ass'n v. Helf

This action was instituted on August 23, 1939, by plaintiff in error, hereinafter referred to as plaintiff, against defendant in error, hereinafter referred to as defendant, to recover on a promissory note which had been executed by the said defendant on January 17, 1933, and which, by its terms, became due and payable on July 21, 1933. Demurrer to the second amended petition as amended was sustained and judgment entered for the defendant, and plaintiff appeals.

It is conceded that the action was barred by the statute of limitations unless a certain check alleged to have been given by the…