McGee

Defendant executed in favor of the decedent, Anna K. Jones, his promissory note, which fell due on the ninth day of June, 1910. On such a note the statute of limitations is such that the right of action expires at the end of four years from the date of maturity. It was alleged in the complaint (second amended complaint) that in consideration of the forbearance of the plaintiff’s testator to sue upon said note, and a change in the rate of interest thereon and other valuable consideration, the defendant, on April 28, 1914, renewed the same in the following language: “I hereby renew the within note and agree to pay same one year after date and waive the statute of limitations on said note. Interest from June 9, 1914, to be seven per cent per annum.” It was further alleged that on April 29, 1916, upon like consideration, the defendant executed a second renewal as follows: “I hereby renew the within note and agree to pay one year from date with interest at eight per cent, and waive the statute of limitations.’’

The court sustained a demurrer to this complaint without leave to amend and entered judgment in favor of the defendant. From this judgment the plaintiff appeals.

One of the…