Tyler Gilman Corp. v. Williams

This writ of error brings under review a holding by the trial court that a new promise in writing to pay a debt had overcome the bar of the five-year statute of limitations applicable to a promissory note not under seal. Whether the holding was correct is the sole question on appeal.

The $40,000 note, dated October 9, 1961, was executed by the defendant, Tyler Gilman Corporation, and was payable on demand to the order of Arnette T. Gilman, now deceased. When, in February, 1974, the plaintiff, Mrs. Gilman’s personal representative, sought recovery upon the note, the defendant corporation…