Hunnicutt v. Perot
Supreme Court of Georgia
Complaint on note. Before Judge Berry. City court of Atlanta. March term, 1896. Charles P. Perot brought suit upon a promissory note for $5,291.33 principal, with interest from date at eight per cent., dated November 9, 1891, due May 9, 1893, payable to the Equitable Engineering & Construction Company or •order, and signed by the Athens Railway Company, John T. ^ Yoss, E. G-. Harris and J. A. Hunnicutt.
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Complaint on note. Before Judge Berry. City court of Atlanta. March term, 1896. Charles P. Perot brought suit upon a promissory note for $5,291.33 principal, with interest from date at eight per cent., dated November 9, 1891, due May 9, 1893, payable to the Equitable Engineering & Construction Company or •order, and signed by the Athens Railway Company, John T. ^ Yoss, E. G-. Harris and J. A. Hunnicutt. It stated that this was one of three notes of like tenor and effect; and was ■endorsed by the payee. It bore a credit of $500 cash paid March 8, 1894, and the suit was for $4,794.33 principal,…
1Opinion of the CourtSimmons, C. J.
1. A plaintiff cannot recover an amount larger than is claimed in his declaration, although the evidence shows that a larger amount 'is due. In the present calse direction is given that the excess in the amount of the verdict be written off.
2. A surety on a promissory note, although the note be payable at a bank, 'is not entitled to notice of the non-payment thereof or of the protest of the same for non-payment.
3. The evidence does not sustain the defendant’s pleas as to the extension of the time of payment for a consideration, or as to the failure of tlh'e plaintiff to enforce the lien…
2Cited by10 opinions
- Schillinger v. WickershamSupreme Court of Alabama · 1917
- Peachtree Roxboro Corp. v. United States Casualty Co.Court of Appeals of Georgia · 1960
- Louisville & Nashville Railroad v. YoungCourt of Appeals of Georgia · 1965
- McMullan v. Community Acceptance Corp.Court of Appeals of Georgia · 1949
- Wilson v. BushCourt of Appeals of Georgia · 1918
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