STONE, Chief Justice.
On February 18, 1946, Kent Oil Company brought action in this state against Joe Smith on a promissory note dated January 12, 1939, and payable on or before January 12, 1940, at Salina, Kansas. Both by motion to dismiss and by answer, defendant set up the statute of limitations. Upon trial of the case, plaintiff introduced evidence only that the note had been executed and delivered by defendant; that it was held by plaintiff company and that defendant...
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