Davis v. Mills

OPINION OP THE COURT BY

PERRY, J.

This is an action of assumpsit upon a joint and several promissory note for $210 dated July 1, 1898, and payable on demand. At the trial the defendants admitted the execution and delivery of the note and relied upon the statute of limitations as their sole defense. It appeared from the evidence- that two years’ interest had been paid and that on October 3, 1903, the additional sum of $20 was paid on account of interest. For the purpose of taking the case out of the operation of the statute the plaintiff by undisputed evidence proved the delivery of the…