Baldwin v. Hiers
Supreme Court of Georgia
Contracts. Debtor and Creditor. Statute of Frauds. Guaranty. Justice Courts. Practice in Superior Court. Certiorari. Before Judge Clarke. Terrell Superior Court. May Term, 1884. L. S. Baldwin brought suit against Charles Hiers, and John A. Hiers as guarantor, in a justice’s court, on March 22,1S81. The account attached to the summons was in the name of Charles Hiers.
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Contracts. Debtor and Creditor. Statute of Frauds. Guaranty. Justice Courts. Practice in Superior Court. Certiorari. Before Judge Clarke. Terrell Superior Court. May Term, 1884. L. S. Baldwin brought suit against Charles Hiers, and John A. Hiers as guarantor, in a justice’s court, on March 22,1S81. The account attached to the summons was in the name of Charles Hiers. The justice entered judgment for the plaintiff, an appeal was entered, the jury found for the plaintiff, and a certiorari was sued out by the defendant, John A. Hiers. The evidence for the plaintiff on the trial in the justice’s…
1Opinion of the Court
Blandford, Justice.
1. The plaintiff sued the defendant in a justice’s court as guarantor, and obtained a verdict in his favor. The evidence showed that the son of the defendant wished to purchase goods from the plaintiff, and the defendant agreed if plaintiff would let defendant’s son have the goods, he, defendant, would see it paid. This was an original and not a collateral undertaking. If the promise had been that he would pay the debt if his son did not, then such a promise would be void unless reduced to writing; it would be a promise to answer for the debt, default or miscarriage of…
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