Legal Opinion

Hoadley v. Bliss

Supreme Court of Georgia

Decided January 15, 1851No. 57PublishedCited by 3 opinions

Assnmpit, &c. in Early Superior Court. Tried before Judge Warren, October Term, 1850. This was an action by Hoadly against Bliss, as the indorser upon the following note: $1660 50. December 25, 1837. On the first day of June next, we promise to pay to the order of Luke Bliss, sixteen hundred and sixty dollars and fifty cents, at either Bank in Macon, for value received. (Signed,) CRAFT & LEWIS. (Indorsed,) Luke Bliss.

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Assnmpit, &c. in Early Superior Court. Tried before Judge Warren, October Term, 1850. This was an action by Hoadly against Bliss, as the indorser upon the following note: $1660 50. December 25, 1837. On the first day of June next, we promise to pay to the order of Luke Bliss, sixteen hundred and sixty dollars and fifty cents, at either Bank in Macon, for value received. (Signed,) CRAFT & LEWIS. (Indorsed,) Luke Bliss. Credits. — February 11, 1841, $100; March 27, 1841, $100; April 28, 1841, $100 ; June 8,1841, $84 12. The suit was commenced on the 9th April, 1847, and there was in the…

1Opinion of the Court

By the Court.

Nisbet, J.

delivering the opinion.

[1.] The letters were rightfully rejected. They could prove nothing of themselves, bearing date anterior to the six years preceding’the suit. If they contain evidence of a new promise to pay the note, that promise is barred. There is no evidence to connect them with the payments made within six years, and cannot be, therefore, any part of the res gestee of those payments.

[2.] We also think that this note is within the proviso to the Act of 1826. It excepts from the operation of the Act, which declares demand and notice to be unnecessary to charge…

2Cited by3 opinions

  1. Thompson v. CurryWest Virginia Supreme Court · 1917
  2. Burgettstown National Bank v. NillSupreme Court of Pennsylvania · 1906
  3. Woodward v. W. M. & R. J. LowrySupreme Court of Georgia · 1885

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