A. E. DICKSON
v.
E. J. HUMPFER
This cause having heretofore been submitted to the Court upon the transcript of the record of the judgment herein, and briefs and argument of counsel for the respective parties, and the record having been seen and inspected, and the Court being now advised of its' judgment to be given in the premises, it' seems to the Court that there is no error in the said judgment; it is, therefore,' considered, ordered and adjudged by the Court that the said judgment of the Circuit Court be, and the same is hereby affirmed.
Davis, C. J., and Whitfield and Buford, J. J., concur.
(concurring). — When suing upon a promissory note,’ upon its face barred by the statute of limitations, but as which the defendant, before the bar of the statute became complete, made a part payment of principal or interest, the plaintiff may declare upon the original note as the real cause of action. Vinson v. Palmer, 45 Fla. 631, 34 Sou. Rep. 276. I therefore concur in the per curiam order of affirmance prepared by Division B of this Court.
Davis, C. J.
(concurring). — When suing upon a promissory note,’ upon its face barred by the statute of limitations, but as which the defendant, before the bar of the statute became complete, made a part payment of principal or interest, the plaintiff may declare upon the original note as the real cause of action. Vinson v. Palmer, 45 Fla. 631, 34 Sou. Rep. 276. I therefore concur in the per curiam order of affirmance prepared by Division B of this Court.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Jacksonville Am. Publ'g Co. v. Jacksonville Paper Co., 143 Fla. 835 (Fla. 1940)…st be in writing and signed by the party to be charged, has no application where the new promise to pay was made before the statute of limitations had run. Welles-Kahn Co. v. Klein, 81 Fla. 524, 88 So. 315. See also Dickson v. Humpfer, 111 Fla. 481, 149 So. 574. A promise to pay or a part payment tolls the running of the statute of limitations, if made prior to the running of the statute. This rule is not derived from any statutory provision but from the decisions of the courts. 17 R. C. L., pp. 921, 889,…
-
Wester v. Mitchell Rigdon and his wife, 110 So. 2d 470 (Fla. 1st DCA 1959)….S. § 674.07, F.S.A. . F.S. §§ 674.07, 674.27 and 674.31, F.S.A. . F.S. § 676.47, F.S.A. . F.S. § 95.11(1), F.S.A. . F.S. § 95.11(3), F.S.A. . 98 Fla. 792, 124 So. 275, 276. . Syerson v. Kimball, Fla.1949, 40 So. 2d 781. . Dickson v. Humpfer, 111 Fla. 581, 149 So. 574; Vinson v. Palmer, 45 Fla. 630, 34 So. 276. . Hall v. Brown, 80 Fla. 481, 86 So. 277; Vinson v. Palmer, supra note 15.…