Mentzer v. Burlingame

The opinion of the court was delivered by

Porter, J.:

A former judgment was reversed for error in sustaining a demurrer based on the statute of limitations, which defense this court held did not appear on the face of the petition. (Mentzer v. Burlingame, 71 Kan. 581, 81 Pac. 196.) Plaintiff and defendant were cosureties for the Yates Center Creamery Association on two promissory notes which were held by the Yates Center Bank. On April 11, 1898, when the notes matured, the bank took a new note for the amount of both, which was signed by the plaintiff and other cosureties but which was not signed…