TYLER GILMAN CORP. v. WILLIAMS

Record No. 740991.

221 S.E.2d 129 (1976)

216 Va. 548

TYLER GILMAN CORPORATION v. A. Simpson WILLIAMS, Jr., Executor, etc.

Supreme Court of Virginia.

January 16, 1976.


Attorney(s) appearing for the Case

John W. Edmonds, III, Richmond (William R. Derry, Jr., Mays, Valentine, Davenport & Moore, Richmond, on brief), for appellant.

James F. Pascal, Richmond (Hirschler, Fleischer, Weinberg, Cox & Allen, Richmond, on brief), for appellee.

Before I'ANSON, C. J., and CARRICO, HARRISON, COCHRAN, POFF and COMPTON, JJ.


CARRICO, Justice.

This writ of error brings under review a holding by the trial court that a new promise in writing to pay a debt had overcome the bar of the five-year statute of limitations applicable to a promissory note not under seal. Whether the holding was correct is the sole question on appeal.

The $40,000 note, dated October 9, 1961, was executed by the defendant, Tyler Gilman Corporation, and was payable on demand to the order of Arnette T. Gilman...

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