21 Ind. App. 76 | Ind. Ct. App. | 1898
The appellee sued appellant and the Stevens Store Company, upon a promissory note for $1,000, dated May 25,1883, which said note was signed as follows: “Stevens Store Co. By Samuel Koontz,
The first, second and fourth specifications of the assignment of errors may be considered together, as they all present the same question. The appellant contends that, as. the complaint on its face shows that the action was commenced more than ten years after the maturity of the note, and the right of action accrued, the complaint does not state facts sufficient to constitute a cause of action. There is some confusion in the record as to just when the action was commenced, but, waiving any technical quéstion, we think it sufficiently appears that the complaint was filed and summons issued February 23, 1895. As above stated, the note was dated May 25, 1883, and became due six months after date, and hence the right of action accrued November 25, 1883. Thus it appears that the right of action accrued more than
Before considering any of the questions presented by the motion for a new trial, we desire to say that appellant rested his entire defense upon the statute of limitations, and is here insisting that, as to him, the action is barred. As shown by the evidence, the facts upon which he relies for his defense
Appellant urges that the court erred in instructing the. jury to return a verdict for appellee for the amount due on the note. This was the only instruction given, the court refusing to give certain instructions tendered and requested by appellant. Under the evidence and law as herein stated the court was not authorized to direct a verdict for appellee, and for the error in so instructing the jury the judgment must be reversed.