Coral Gables, Inc. v. Christopher

The plaintiff seeks to recover on a promissory note executed in Florida on October 30, 1925, on which the last payment was made on September 3, 1926. The suit was brought on June 12, 1935. The complaint counts upon the note and contains a copy of it. The defendant’s answer sets up our six-year statute of limitations as a bar to the action. To this answer, the plaintiff demurs.

There appears on the face of the note after the defendant’s signature, the printed word “seal” in parentheses. The only question for our consideration is whether this is enough to make the note a specialty within the…