Brian v. Banks
Supreme Court of Georgia
Complaint. Statute of Limitations. Decided by Judge Hutchins. Hall Superior Court. September Term, 1867. This was complaint in favor of Martha B. Banks, against Moses Brian, as executor of U. Iv.
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Complaint. Statute of Limitations. Decided by Judge Hutchins. Hall Superior Court. September Term, 1867. This was complaint in favor of Martha B. Banks, against Moses Brian, as executor of U. Iv. Wright, deceased, and Abram Atkins, as endorser on two promissory notes, payable to Atkins or bearer, one dated the 29th of July, 1858, and the other dated the 20th of October, 1857, each due one day after its date, and each indorsed hy Atkins on the 26th of January, 1859, and the 11th of July, 1860, respectively. The executor plead that no notice of the debt had been given to him, plane…
1Opinion of the CourtWarner, J.
The error assigned to the judgment of the Court below in this case, is the ruling and deciding that the statute of limitations in this State did not run against the plaintiff’s demands during the war, and that his right of action thereon was not barred. The plaintiff’s action was instituted' on the 26th February, 1866, to recover the amount due on two promissory notes against the maker and indorser, one of which was dated 20th October, 1857, due one day after date, and endorsed on the 11th July, 1860. The other note was dated 29th July, 1858, due one day after date, and indorsed • on the 26th…
2Cited by4 opinions
- Dannenberg Co. v. Adler-May Co.Supreme Court of Georgia · 1911
- Graham v. RobersonSupreme Court of Georgia · 1887
- Woodward v. W. M. & R. J. LowrySupreme Court of Georgia · 1885
- Davie v. HatcherU.S. Circuit Court for the Southern District of Georgia · 1871