Siegler v. France
Siegler v. France
Opinion of the Court
OPINION
This is an appeal from a summary judgment in a suit on a promissory note.
All sums of money endorsed hereon as advancements as herein provided shall have maturity five (5) years after date of this note at the time of the making of such respective advancement or as provided below.... This note is payable as follows to wit: Upon demand of the payee herein.
(Emphasis added.)
We reverse and render judgment for Siegler, because we find that, absent evidence that demand was made before March 24, 1981, the note matured, and limitations began to run on that date. Suit filed on July 12, 1984, less than four years from the date of maturity, was not barred by the statute of limitations. Tex.Rev.Civ. Stat.Ann. art. 5527 (Vernon Supp. 1985); cf. G & R Investment v. Nance, 683 S.W.2d 727 (Tex.App.—Houston [14th Dist.] 1984, writ ref’d n.r.e.).
We do not find, however, that Sie-gler is entitled to all interest accrued since the date of the first advancement. Under the terms of the note, “the amount of each advancement shall bear interest from the date thereof until maturity at the rate of 9% per annum. Interest on all principal shall be paid annually as it accrues..” We hold that the limitations period has expired on those interest payments due in March and May of 1977, 1978, 1979, and 1980.
The judgment of the trial court is reversed, and judgment is rendered for appellant as set out hereinabove.
Reference
- Full Case Name
- Toni SIEGLER v. Newell E. FRANCE
- Cited By
- 1 case
- Status
- Published