Otokichi v. Sekijiro

OPINION OF THE COURT BY

QUARLES, J.

The plaintiff in error commenced this action in assumpsit in the circuit court of the fourth circuit June 28, 1915, to recover upon a promissory note executed to him December 23, 1903, by the defendant for $200 due May 26, 1904, with interest from date, alleging that said note “together with interest, is due, owing and wholly unpaid.” The complaint contained no allegation of acknowledgment by partial payment or otherwise or of any new promise to pay the debt made within six years prior to the commencement of the action. Nor did the complaint allege any fact…