Massachusetts Supreme Judicial Court February 26, 1908 (Mitchell v. Thomas)

Rugg, J.

The defendant has argued that testimony by the payee of notes, to the effect that the maker made a certain payment to her before the statute of limitations had run, and that, thereupon, in the maker’s presence, the payee wrote an indorsement of payment on the back of each of the notes in suit, and that he then promised to pay the balance due, was inadmissible.