Maxwell

In this action the plaintiff sued to recover from the defendant upon the latter’s promissory note executed to the plaintiff in the sum of $15,452.34 on March 19, 1907, and payable one day after date. The plaintiff’s complaint, iff addition to counting upon the note, alleged and relied upon the defendant’s two indorsements of the note made and dated respectively on January 31, 1901, and Janu ary 23, 1909, whereby he acknowledged the existence of the indebtedness evidenced by the note, and promised and agreed to pay the principal and all interest accrued and to accrue thereon according to its tenor and effect. The plaintiff’s complaint, by appropriate allegations, further averred facts which showed the defendant’s absence from the state from and after the making and maturity of the note and the indorsements thereon for a period of time sufficient to toll the statute of limitations. The answer of the defendant pleaded a want of consideration for the execution of the note and the indorsements made thereon; and further alleged that the note in suit was executed in lieu of and as a renewal of twelve prior promissory notes executed by defendant to plaintiff, which it was alleged had…