Fisher v. Pendleton

The opinion of the court was delivered by

Schroeder, J.:

This is an appeal from an order of the lower court sustaining a demurrer to plaintiff’s petition, as amended, seeking recovery on two promissory notes jointly executed by the defendant and her husband, and from an order striking the “First Amended Petition” from the files.

The underlying question of law is whether partial payment by one joint debtor (the husband) is sufficient to take the case out of the statute of limitations as to the other joint debtor (defendant wife) upon the allegations and circumstances presented by the record…