MOYNIHAN v. ELLIOTT

No. 14471.

211 F.2d 723 (1954)

MOYNIHAN v. ELLIOTT et al.

United States Court of Appeals Fifth Circuit.

March 31, 1954.


Attorney(s) appearing for the Case

Joseph A. Perkins, L. J. Cushman, and J. P. Marchant, Miami, Fla., for appellant.

Benjamin E. Carey and J. C. Sullivan, Miami, Fla., for appellees.

Before STRUM and RIVES, Circuit Judges, and DAWKINS, District Judge.


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 totalling $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...

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