BURCH, J.
This is an action on two promissory notes, one for $750, dated February 2, 1940, which became due February 1, 1942, the other for $300, dated November 1, 1939, due six months from date. The complaint was filed on May 17, 1950. The court held the notes barred by subdivision 1 of section 337 of the Code of Civil Procedure.
Plaintiff urges on appeal that the affirmative defense of the statute was not before the court because the subdivision of the section...
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