Reveal

Defendant appeals from a judgment rendered against him upon a promissory note made and delivered to Gotthard Grot, which, by its terms, was due and payable on September 26, 1914. Grot died on September 14, 1918, and within six months thereafter, to wit, on March 12, 1919, the administrator of his estate filed a complaint to recover the amount of the note. Thereafter, upon a final order of distribution of the estate, the chose' in action was by the court distributed to Ida F. Reveal and Charles F. and Christopher R. Frasch, who, by order of court made upon stipulation of the parties, were substituted as'parties plaintiff in the action.

In his answer defendant denied the making of the note, alleged that payment thereof had been made, that it was barred by the statute of limitations, and, as a setoff and counterclaim, alleged that deceased at the time of his death was indebted to him in the sum of twelve hundred dollars for work and labor performed, at his special instance and request, during the six years 'immediately preceding his death, a verified statement of which claim he alleged was filed with the administrator of the estate. Other than as to the bar of the statute of…