Joslin v. Gregory

OPINION

FRY, Judge.

{1} In this case we consider whether, under NMSA 1978, § 37-1-16 (1957), Defendants Michael L. Gregory and Mary Diana Gregory made “any partial or instalment payment” that revived Plaintiff Dennis Joslin’s cause of action on a promissory note so as to remove the bar of the statute of limitations. The trial court granted summary judgment in favor of Defendants, ruling that they had made no payments that revived the cause of action and that the statute of limitations therefore barred Plaintiffs claim. For the reasons that follow, we agree with the trial court that Defendants…