Rogers v. King
Supreme Court of Georgia
Assumpsit, in Pike Superior Court. Tried before Judge Stark. May Term, 1852. This action was brought by King vs. Rogers, on anote dated February 7, 1838, and due the 25th of December, thereafter. It was credited by eight dollars thirty-seven and half cents, February, 1846. The action was brought in 1851. The defendant relied on the Statute of Limitations. For the plaintiff the testimony of Cary King was read as follows : Witness is the son of plaintiff.
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Assumpsit, in Pike Superior Court. Tried before Judge Stark. May Term, 1852. This action was brought by King vs. Rogers, on anote dated February 7, 1838, and due the 25th of December, thereafter. It was credited by eight dollars thirty-seven and half cents, February, 1846. The action was brought in 1851. The defendant relied on the Statute of Limitations. For the plaintiff the testimony of Cary King was read as follows : Witness is the son of plaintiff. A short time before the date of the credit on the note, witness, by consent of his father, went to defendant, who was a tailor by trade, and…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
[1.] This was an action of assumpsit, brought by Benjamin King, against Wiley Rogers, on a note for $177.48, and payable the 25th day of December next, thereafter. There is a credit indorsed on the note, of $8 37-J, dated February the 17th, 1846. The Statute of Limitations was pleaded to the action, and the question was entirely as to the bom fides of the payment.
*231It is admitted by the defendant’s counsel, that if this credit was placed upon the note by the maker, or his authority, the plea cannot be sustained, and that the finding of the Jury was…
2Cited by3 opinions
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