O'MALLEY v. Frazier

The opinion of the court was delivered by

Larson, J.:

This appeal raises the question of whether a conditional payment can be made on a promissory note barred by the statue of limitations and revive the obligation to pay the principal amount but not the interest thereon.

When the makers delivered a partial payment on the principal of a time-barred promissory note, they indicated an intent to repay the balance of the principal only. The payee sued to collect the *85remaining principal and interest on the note. The makers defended by asserting the statute of limitations. On cross-motions for summary…