Legal Opinion

Obear v. First National Bank

Supreme Court of Georgia

Decided December 2, 1895PublishedCited by 22 opinions

Complaint on note. Before Judge "Westmoreland. City court of Atlanta. IMEay tern, 1895.

1Opinion of the Court

Simmons, Chief Justice.

This was an action upon a promissory note, not under seal, which was executed and by its terms made payable in the State of Alabama. . The note was dated February 9, 1888, and was payable on demand. The suit was filed April 17, 1894. "Upon the note were unsigned entries reciting the payment of certain amounts thereon on August 7 and August 23, 1888. By an amendment to the declaration the plaintiff alleged that these amounts were paid on the dates mentioned, and that by the law of Alabama partial payments upon a note not barred by the statute of *588limitations operate as a…

2Cases cited9 opinions

  1. Downer v. ChesebroughSupreme Court of Connecticut · 1869
  2. Smith v. BurnhamU.S. Circuit Court for the District of Massachusetts · 1838
  3. Van Reimsdyk v. KaneU.S. Circuit Court for the District of Rhode Island · 1813
  4. Kleeman & Co. v. CollinsCourt of Appeals of Kentucky · 1872
  5. Shumate v. WilliamsSupreme Court of Georgia · 1866

4 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. Thomas v. ClarksonSupreme Court of Georgia · 1906
  2. United States Fidelity & Guaranty Co. v. Toombs CountySupreme Court of Georgia · 1939
  3. Delaware Insurance v. Pennsylvania Fire InsuranceSupreme Court of Georgia · 1906
  4. Hotel Woodward Co. v. Ford Motor Co.Court of Appeals for the Second Circuit · 1919
  5. John Hancock Mutual Life Insurance v. YatesSupreme Court of Georgia · 1936

17 more not listed; retrieve them via the Exa API.

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