Milledge v. Gardner
Supreme Court of Georgia
Complaint, in Richmond Superior Court. Tried before Judge Holt, at July adjourned Term, 1859. This was an action in the form prescribed by statute, brought by John Milledge, assignee, against James Gardner, as security on the following bond and endorsement, viz: “ Georgia — City of Augusta : $2,600. Know all men by these presents, That I, John F. McKinne, late of the city of New York, am held and firmly bound unto James Gardner, Jr., of the city and State aforesaid, in the…
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Complaint, in Richmond Superior Court. Tried before Judge Holt, at July adjourned Term, 1859. This was an action in the form prescribed by statute, brought by John Milledge, assignee, against James Gardner, as security on the following bond and endorsement, viz: “ Georgia — City of Augusta : $2,600. Know all men by these presents, That I, John F. McKinne, late of the city of New York, am held and firmly bound unto James Gardner, Jr., of the city and State aforesaid, in the just and full sum of two thousand six hundred dollars ; for the true payment of which, with interest from date, I do…
1Opinion of the Court
— Stephens J.
By the Court.
delivering the opinion.
[1.] The first question is, whether the statutory bar applicable to this action is twenty years, the period applicable to contracts under seal, or six years, the period applicable to written contracts not under seal; and this question depends upon the further one, whether this endorsement makes a sealed contract or not. The presiding Judge held, that it did not, but we think it does. The paper is assignable by endorsement under our Judiciary Act of 1799. Our Act of 1826, Cobb’s Dig. page 494, gives the endorser of assignable *704paper, the…
2Cited by10 opinions
- Ridley v. HightowerSupreme Court of Georgia · 1900
- Hamby v. CrispCourt of Appeals of Georgia · 1934
- Baldwin Fertilizer Co. v. CarmichaelSupreme Court of Georgia · 1902
- Lanier v. BerryCourt of Appeals of Georgia · 1930
- Marshall v. WalkerCourt of Appeals of Georgia · 1935
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