Graves v. Sawyer

OPINION

COOPER, Justice.

Certiorari was granted in this case to consider whether a voluntary, unconditional payment of interest on a promissory note tolls the statute of limitations to the date of payment. We hold that it does.

On April 29, 1969, respondents, Dorothy Sawyer and Murrell Goins, executed a promissory note in the amount of $2500.00 payable to Ruby Graves and Harold Graves. The note was due 180 days after execution.

No payments were made on the principal. However, respondents did make three payments of interest on the note after its due date, the final payment of interest being made…