Rogers v. Byers

Action upon Note and Absolute Promises—Ruling upon Appeal— Amended Complaint—Conditional Promises—New Cause op Action—Statute op Limitations.—Where the original complaint declared upon a note and upon absolute promises to pay the same, to take it out ol the bar of the statute, and upon a former appeal it was held that evidence of conditional promises did not support the complaint, an amended complaint setting up conditional promises in haec verba must be held to state a new cause of action, upon which the statute of limitations runs to the date of its filing, and if then barred, a finding to the contrary cannot be sustained.