Trautmann Bros. Investment Corp. v. Del Mar Conservation District

OPINION

WILSON, Justice.

This case presents the sole question of whether defendant’s notation on its check to plaintiff: “Partial payment of note dated April 30, 1962”, .had the effect, under Article 5539, Vernon’s Ann.Civ.St., to take plaintiff’s action out of the operation of the four-year statute of limitation. The trial court held it did not, and rendered summary judgment that plaintiff take nothing. We reverse.

Plaintiff sued on a $12,000 demand note executed by defendant dated April 30, 1962. October 2, 1964 defendant’s $4762 partial payment by check bearing the quoted notation was…