Curtis

This is an action brought to recover the sum of $72,601.75, alleged to be due upon ninety-three of the ■bonds of the defendant corporation. Subsequent to the commencement of this action plaintiffs, by leave of court, filed a supplemental complaint, in which it was alleged that certain coupons, attached to the bonds, had matured since the institution of the action, and judgment was prayed for in the additional sum of $15,394.75. The sum total for which judgment was prayed, therefore, was $87,996.50.

The bonds sued on were for the principal of five hundred dollars each, and in form were in words and figures as follows :

Attached to each of said bonds at the time of the disposal and delivery thereof were certain coupons, numbered respectively 1 to 40, both inclusive, which said coupons were and are in words and figures as follows:

The form of these bonds and coupons was by the answer admitted to be as alleged in the complaint. The answer also sets up the statute of limitations against certain of these bonds and coupons as a defense, and particularly under and by the provisions of subdivision 1 of section 337, subdivision 1 of section 338 and section 343 of the Code of Civil…