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AMERICAN EMPLOYERS INSURANCE COMPANY v. CARNEY

No. 24700.

391 F.2d 551 (1968)

AMERICAN EMPLOYERS INSURANCE COMPANY, Appellant, v. Charles E. CARNEY, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied April 19, 1968.

Attorney(s) appearing for the Case

Timothy M. Conway, Jr., Birmingham, Ala., Rives, Peterson, Pettus & Conway, Birmingham, Ala., of counsel, for appellant.

Robert G. Tate, Birmingham, Ala., Thomas, Taliaferro, Forman, Burr & Murray, Birmingham, Ala., of counsel, for appellee.

Before BROWN, Chief Judge, GEWIN and WRIGHT, Circuit Judges.

GEWIN, Circuit Judge:

Suit was brought by American Employers Insurance Company, appellant, in the United States District Court for the Northern District of Alabama against Charles E. Carney, appellee, to recover $35,693.87 on a non-negotiable promissory note executed by R. C. Cooke in 1956 and indorsed by appellee, plus attorney's fee and costs. The district court concluded that installments due on the note in 1957, 1958 and 1959 were barred by the statute of limitations...

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