Shirley

An appeal from a judgment of dismissal entered upon an order sustaining the demurrer of respondent, Prank L. Lake, to a complaint upon an alleged promise to pay a debt barred by the statute of limitations.

The original complaint, which appears to have been filed during the latter part of the year 1922, the date not being shown by the record on appeal, alleged that respondent and R. R. Shirley on January 25, 1912, at Rockford, Illinois, executed to appellant their promissory note for $1,600, which by its terms was there payable one year after date with interest; that between the date of the note and October 23, 1915, various installments of interest thereon were paid; that on November 6, 1919, there was executed by Shirley a new note for $800; which was accepted by appellant as payment to that extent on the original note, and that 'Shirley paid at the same time the interest then due on the latter note in the further sum of $133.34; that the payment on the principal evidenced by the new note was indorsed on the original note in words and figures as follows: “Rockford, 111., Nov. 6, 1919. Paid by R. R. Shirley on within note the sum of $800 by new note for that amount.” It is…