Andrews

This is an action brought to recover $7,922.81, upon a promissory note. Judgment was rendered in favor of plaintiff. The appeal is prosecuted from the judgment.

The note was executed by F. H. Zook, who died and whose estate is being administered by defendant, and it reads as follows:

On March 24, 1928, F. H. Zook died in Los Angeles County, and defendant was appointed administrator of his estate. On September 11, 1928, plaintiff filed his duly verified claim against said estate, and on March 9, 1929, the claim was rejected by the administrator. On April 13, 1929, this action, based upon the claim, was instituted. The only payment made by the makers of said note was the sum of $240, which represented interest on the principal sum for the first six months, and which was paid March 11, 1924. Defendant pleaded the statute of limitations—section 337 of the Code of Civil Procedure. This was the only defense offered.

The note contains the following acceleration clause: “If payments are not made on dates specified above, entire amount of note becomes due and payable at once. ” It is the contention of appellant that “the right of action on a promissory note providing for payment in…