Legal Opinion
Powell v. Powell
Supreme Court of Georgia
Decided January 24, 1931No. 7916PublishedCited by 8 opinions
1Opinion of the CourtHines, J.
1. The right of one who has paid off and discharged a promissory note signed by him and by another as coprincipals to call on the latter for contribution arises upon an implied contract on his part to bear his share of the common burden, and not upon any contract evidenced by the promissory note. Civil Code (1910), § 4588; Sherling v. Long, 122 Ga. 797 (50 S. E. 935).
2. The period of limitation applicable to an action for contribution based upon an implied contract is four years from the time the right of action accrues; and a suit brought after that time is barred by the statute. Civil Code…
2Cases cited7 opinions
- Riddle v. WhitehillSupreme Court of the United States · 1890
- Sherling v. LongSupreme Court of Georgia · 1905
- Hammond v. HammondSupreme Court of Georgia · 1856
- Prentice v. ElliottSupreme Court of Georgia · 1883
- Purvis v. JohnsonSupreme Court of Georgia · 1927
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Bobby D. Moore, Individually and as of the Estate of L. T. Moore, Deceased v. Mrs. Jimmie F. LindseyCourt of Appeals for the Fifth Circuit · 1981
- Goldhill v. KramerCourt of Appeals of Georgia · 1970
- Carter v. LechtyCourt of Appeals for the Eighth Circuit · 1934
- Gearhart v. EtheridgeCourt of Appeals of Georgia · 1974
- Black v. DavidsonCourt of Appeals of Georgia · 1941
3 more not listed; retrieve them via the Exa API.