Legal Opinion

Lynch v. Kirby

Supreme Court of Georgia

Decided February 15, 1880PublishedCited by 9 opinions

Administrators and executors. Contracts. Promissory notes. Before Judge UNDERWOOD. Coweta Superior Court. September Term, 1879. Lynch, as administrator of Chandler, brought complaint against Kirby, as administrator de bonis non of J oseph Bohannan, on a promissory note dated March 6th, 1862, due one day after date to James W. Chandler, or bearer, signed by “ E. Bohannan.”

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Administrators and executors. Contracts. Promissory notes. Before Judge UNDERWOOD. Coweta Superior Court. September Term, 1879. Lynch, as administrator of Chandler, brought complaint against Kirby, as administrator de bonis non of J oseph Bohannan, on a promissory note dated March 6th, 1862, due one day after date to James W. Chandler, or bearer, signed by “ E. Bohannan.” The original declaration, in the short form, was filed December 27th, 1869. Subsequently, in March, 1877, and September, 1879, plaintiff amended his declaration. The substance of these amendments was that the will of…

1Opinion of the Court

Warner, Chief Justice.

On December 27th, 1869, the plaintiff brought his action against the defendant as the administrator of Joseph Bohannan, deceased, on a promissory note for $500.00, dated March 6th, 1862, payable to plaintiff’s intestate, due one day after date, and signed by E. Bohannan. On March 12th, 1877, the plaintiff amended his declaration alleging that E. Bohannan was the widow and executrix of Joseph Bohannan, and that by his will she was directed to keep his property together and manage it for the benefit of his wife and children, as though he still *281lived with them, and that the…

2Cases cited2 opinions

  1. McFarlin v. StinsonSupreme Court of Georgia · 1876
  2. Lovelace v. SmithSupreme Court of Georgia · 1869

3Cited by9 opinions

  1. Harris v. WoodardSupreme Court of Georgia · 1909
  2. Hayes v. ShirkIndiana Supreme Court · 1906
  3. Walton v. ReidSupreme Court of Georgia · 1918
  4. Brannon v. Ober & Sons Co.Supreme Court of Georgia · 1898
  5. State Banking Company v. HintonSupreme Court of Georgia · 1933

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