Watkins v. Harris
Supreme Court of Georgia
Promissory notes. Statute of limitations. New promise. Before Judge Eve. City court of Richmond county. June term, 1888. On March 31, 1884, Hezekiah Harris sued Amanda Watkins, as administratrix de bonis non of James Watkins, for a balance due on a promissory note dated March 8th, 1873, and due twelve months after date. A copy of the note with a list of credits was attached to the declaration.
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Promissory notes. Statute of limitations. New promise. Before Judge Eve. City court of Richmond county. June term, 1888. On March 31, 1884, Hezekiah Harris sued Amanda Watkins, as administratrix de bonis non of James Watkins, for a balance due on a promissory note dated March 8th, 1873, and due twelve months after date. A copy of the note with a list of credits was attached to the declaration. The first credit as there set out is dated “'November 18.” Then follow numerous other credits in different months (but without any year being stated) until “February, 1878.” After this follow the…
1Opinion of the Court
Bleckley, Chief .Justice.
As we understand the record, none of the credits relied upon to take the note out of the statute of limitations were proved by entries made upon the note itself, but the entries actually produced to the court as evidence were on a piece of paper attached by sewing it to the note which, according the evidence of the creditor, was handed to him in that condition by the administratrix, the defendant below. There was no other evidence as to how the note and the paper came to be attached, and no evidence at all as to whose handwriting the credits appearing upon the paper…
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