Dickson v. Humpfer

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. *Page 582