Stewart Bros. v. Langston & Woodson
Supreme Court of Georgia
Complaint. Before Judge Reid. City court of Atlanta. March term, 1897. On February 28, 1895, Langston & Woodson sued Stewart Brothers, a partnership composed of Charles D. and John L. Stewart, upon an open account for $158.94 for goods bought from January 7 to February 7, 1895. A special plea filed by the defendants was stricken, which ruling is assigned as error.
Read the full summary
Complaint. Before Judge Reid. City court of Atlanta. March term, 1897. On February 28, 1895, Langston & Woodson sued Stewart Brothers, a partnership composed of Charles D. and John L. Stewart, upon an open account for $158.94 for goods bought from January 7 to February 7, 1895. A special plea filed by the defendants was stricken, which ruling is assigned as error. This plea sets up the following: Defendants were indebted to plaintiffs, but they are not informed what the amount of the indebtedness was. Defendants conducted a retail grocery-store, and said indebtedness was contracted in that…
1Opinion of the CourtLewis, J.
The official report states the facts.
1. It is a well-settled rule of law that a creditor is not bound by an agreement to take less than the amount of his debt, unless it has been executed by the payment of the money, or the giving of additional security, or the substitution of another debtor, or some other new consideration. Such is the language of our Civil Code, §3735. The reason for the rule is evident. Such a promise, being without any consideration to-support it, is a mere nudum pactum. But this doctrine is usually limited in its application to single agreements entered into between a…
2Cases cited4 opinions
- Perkins v. LockwoodMassachusetts Supreme Judicial Court · 1868
- Goodrich v. StanleySupreme Court of Connecticut · 1856
- McGregor v. . B'd of Ed'n of City of N.Y.New York Court of Appeals · 1887
- Brown v. FarnhamSupreme Court of Minnesota · 1892
3Cited by5 opinions
- Stovall Co. v. Shepherd Co.Court of Appeals of Georgia · 1912
- Brown & Franklin v. Everett Ridley Ragan Co.Supreme Court of Georgia · 1900
- Edwards Bottling Works v. Jarnagin & WrightCourt of Appeals of Georgia · 1912
- Smith & Co. v. Mechanics National BankSupreme Court of Georgia · 1899
- Mayor v. WadeCourt of Appeals of Georgia · 1918