Thomson v. Sunny Ridge Village Partnership

SUBSTITUTE OPINION

The Court’s prior opinion dated December 6, 1989, is hereby withdrawn.

BURNETT, Judge. *

This appeal comes to us from a judgment dismissing an action on a promissory note. The primary issue is whether the time period prescribed in a statute of limitation is extended with respect to one obligor on the note as a result of partial payments made by a co-maker after the note has gone into default. We also must decide whether the obligor in this case consented to, or ratified, payments causing an extension of the limitation period, or whether the obligor is bound by the payments…