Bird v. Adams
Supreme Court of Georgia
Assumpsit, &c. in Taliaferro Superior Court. Tried before Judge Sayre, September Term, 1849. George L. Bird brought suit against Telotus Adams, on a promissory note made payable to Daniel A. Farmer or bearer. The note, on its face, was barred by the Statute of Limitations.
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Assumpsit, &c. in Taliaferro Superior Court. Tried before Judge Sayre, September Term, 1849. George L. Bird brought suit against Telotus Adams, on a promissory note made payable to Daniel A. Farmer or bearer. The note, on its face, was barred by the Statute of Limitations. The second count in the declaration alleged, that after the bar of the Statute attached, Adams promised to pay the amount of the note to one "Williams, who was then the holder of the note, and that subsequent to the promise, Williams transferred the note to plaintiff, who sued as bearer. Defendant’s counsel demurred to the…
1Opinion of the Court
By the Court. —
Nisbet, J.
delivering the opinion.
[1.] The declaration in this case contained two counts, one upon the note, which was a negotiable paper, and the other upon a new parol promise to pay. The promise to pay was made to a prior holder of the note, and the question is, whether an action can be sustained in favor of a subsequent holder of a negotiable paper barred by the Statute, upon a promise made to a prior holder. The argument on the negative side of this question is briefly this : the old debt is absolutely extinguished by the Statute, and the newpromise is a distinct and…
2Cases cited8 opinions
- Dean v. HewitNew York Supreme Court · 1830
- Clark v. SigourneySupreme Court of Connecticut · 1846
- Sluby v. ChamplinNew York Supreme Court · 1809
- Soulden v. Van RensselaerNew York Supreme Court · 1832
- Robbins v. HarveySupreme Court of Connecticut · 1824
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