Eaton v. Yarborough
Supreme Court of Georgia
Assumpsit, &c. in Eloyd Superior Court. Tried before Judge Trippe, June Term, 1855. This suit .was upon a promissory note.
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Assumpsit, &c. in Eloyd Superior Court. Tried before Judge Trippe, June Term, 1855. This suit .was upon a promissory note. The defendant’s ■intestate had been declared a bankrupt under the law of 1842. Plaintiff relied upon a new promise, which was as follows: “Defendant’s intestate said it was a just debt; that it ■ought to have been paid long before; that plaintiff had been kind to him, and that he would pay it as soon as he finished the Methodist Church, which he was then building in Rome; and requested witness to bring the note back when he returned from North Carolina, that he might pay…
1Opinion of the Court
By the Court.
Starnes, J.
delivering the opinion.
[1.] We think that the Court was mistaken in holding that the new promise in this case, was made only upon condition that the defendant’s intestate completed the building of the church upon which he was engaged.
In our opinion, the reference to the church by defendant’s intestate, was for the purpose of specifying a time of payment, and not as a condition upon the occurring of which, •only, the money was to be paid. In such case, his death be*84fore the completion of the church, (which has been finished,) does not exonerate his estate from liability.
L…
2Cited by10 opinions
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- MacLeod v. Belvedale, Inc.Court of Appeals of Georgia · 1967
- Caine v. HagenbarthUtah Supreme Court · 1910
- Pegg v. OlsonWyoming Supreme Court · 1924
- Callaway v. GarnerCourt of Appeals of Georgia · 2014
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