Benjamin S. Mills, as Executor v. Daniel R. Davis, as Administrators

Summary

The Court reversed the lower court, holding that the indorsements of interest on the promissory note were inadmissible to toll the statute of limitations because the plaintiff failed to show they were made before the limitation period and against his interest, and that the testimony of the executor and his relatives was barred by Code of Civil Procedure § 829. Accordingly, the judgment for the plaintiff was set aside.