Dean v. Munroe
Supreme Court of Georgia
Action on a promissory note, in Bibb Superior Court. Tried before Judge Iverson L. Harris, at the May Term, 1860. On the 18th day of October, 1858, Hath an C. Munroe instituted an action, in Bibb Superior Court, against George M. Logan & Co., as makers, and James Dean, as indorser, to recover the amount of a promissory note, of which the following is a copy, to-wit: “$1,000 Maeon, Bee. 23, 1851. “ Four months after date we promise to pay to the order of James Dean, one…
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Action on a promissory note, in Bibb Superior Court. Tried before Judge Iverson L. Harris, at the May Term, 1860. On the 18th day of October, 1858, Hath an C. Munroe instituted an action, in Bibb Superior Court, against George M. Logan & Co., as makers, and James Dean, as indorser, to recover the amount of a promissory note, of which the following is a copy, to-wit: “$1,000 Maeon, Bee. 23, 1851. “ Four months after date we promise to pay to the order of James Dean, one thousand dollars, value received. Geo. M. Logan & Co.” This note was indorsed by the said James Dean, and had entered upon it…
1Opinion of the Court
By the Court
Jenkins, J.,
delivering the opinion.
The principal question in this case is, whether a promise made by the maker of a promissory note, is sufficient to take the case out of the Statute of Limitations, as against the indorser.
This question was elaborately argued, and upon great deliberation decided by this Court, at the Savannah term, in June, 1860, the case being still unpublished.
The Court held, in that case, that the qew promise of the maker was not sufficient to take the case out of the Statute as against the indorser. To that decision we adhere.
The only other question in this…
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