Walker v. Griggs
Supreme Court of Georgia
Assumpsit, in Webster Superior Court. Tried before Judge Perkins, at the September Term, 1860. This was an action, brought by John H. Walker, as executor of Joel Walker, deceased, against James Griggs, to. recover the amount of a promissory note, made by James A. Merriwether, as principal, and James Griggs, as security, payable to the said Joel Walker, or bearer, dated the 23d of December, 1840, due the 25th of December next thereafter, for $2,653 52, with interest from…
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Assumpsit, in Webster Superior Court. Tried before Judge Perkins, at the September Term, 1860. This was an action, brought by John H. Walker, as executor of Joel Walker, deceased, against James Griggs, to. recover the amount of a promissory note, made by James A. Merriwether, as principal, and James Griggs, as security, payable to the said Joel Walker, or bearer, dated the 23d of December, 1840, due the 25th of December next thereafter, for $2,653 52, with interest from date, if the principal should not be punctually paid. There were also counts in the declaration, alleging a new promise to…
1Opinion of the Court
By the Court.
Lyon, J.,
delivering the opinion.
This was a motion for a new trial, on the ground that the verdict of the jury is strongly and decidedly against the weight of the evidence, which was refused by the Court below, and brought before us for review by writ of error.
The debt, upon its face, is barred by the statute of limitations, as to the defendant, and the plaintiff sought, on the *127trial, to take the case out of the operation of that statute, which was relied on by defendant as a defence thereto, by the subsequent promise or acknowledgment of the debt, as contained in a letter written…
2Cases cited1 opinion
- Martin v. BroachSupreme Court of Georgia · 1849
3Cited by7 opinions
- Thomas v. CareySupreme Court of Colorado · 1899
- Gartrell v. LinnSupreme Court of Georgia · 1888
- Middlebrooks v. CabanissSupreme Court of Georgia · 1942
- Pendley v. PowersSupreme Court of Georgia · 1907
- Duncan v. ReddCourt of Appeals of Georgia · 1914
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