Moynihan v. Elliott

RIVES, Circuit Judge.

On former appeal, 5 Cir., 195 F.2d 363, this Court sustained federal jurisdiction of the action as based upon the new promise contained in an extension agreement to pay the indebtedness evidenced by three promissory notes total-ling $13,333.33 and the interest thereon. The appellant, plaintiff below, contends that the extension agreement served also to relieve the claim from the bar of the Florida twenty-year statute of limitations. 1

The extension agreement, or agreement for extension as it is termed by the appellee, was dated May 19, 1927, recited that the indebtedness…