On appeal from the Supreme Court.
For the defendant-appellee, Frank P. Zimmer.
For the plaintiff-appellant, Samuel D. Williams.
The opinion of the court was delivered by
WOLFSKEIL, J. Appellant is the holder of a note made by respondent, which is dated April 27th, 1931, and was made payable on demand. Suit on the note was commenced on September 26th, 1940. Defendant-respondent pleaded the statute of limitations, R.S. 2:24-1, 9. Judgment was entered for the defendant on an order denying plaintiff-appellant's motion to strike the answer, and the appeal is from that order.
None of the facts are in dispute. The issue in substance is whether a letter written by respondent to the appellant before the statutory limitation period had tolled effected a revival of the obligation. The letter was as follows:
"Thursday, June 20th, 1935.
My record of the indebtedness to you is as follows: Original loan $2,000 dated June 8th, 1929 -- Interest paid to you $300. New note to Miss Neal is dated from the date of last interest payment -- which was April 27th, 1931.
I am sending this to you by mail due to the fact I will not be home on Saturday.
Mr. Bassett I have an appointment for next week regarding whether or not I can secure a second mortgage on my home, and if so for the amount I can secure. I would like very much to again discuss the subject with you after I have something definite to offer -- I will call you by phone and make an appointment at your convenience.
Looking forward to seeing you again ...