Bond v. Carter
Supreme Court of Georgia
Assumpsit, &c. in Stewart Superior Court. Tried before-Judge Iverson, October Term, 1858. James Bond brought suit against William Carter, as the surviving partner of Beall & Carter, upon a promissory note made by the firm and endorsed by Jeremiah Beall.
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Assumpsit, &c. in Stewart Superior Court. Tried before-Judge Iverson, October Term, 1858. James Bond brought suit against William Carter, as the surviving partner of Beall & Carter, upon a promissory note made by the firm and endorsed by Jeremiah Beall. Upon the trial,’ plaintiff offered, in evidence, the depositions of the indorser, taken under a commission sued out by himself, and the following release to the witness, to relieve him from the objection of interest: G-eor&ia, Baker County:- Know all men by these presents, that I, James Bond, of Baker County, for and in consideration of five…
1Opinion of the Court
By the Court.
Benning, J".,
delivering the opinion.
[1.] “ A ge neral release of all actions and causes of action, for any matter or thing which has happened previous to the date of the release, will discharge the witness from all liability consequent upon the event of a suit then existing.” (1 Green. Ev. §426. Coke Litt. 291, a.)
The release, therefore, in this case, was such as to make the person released, Beall, competent as a witness for the plaintiff in error, on the trial in the Court below.
[2.] The examinations of witnesses on interrogatories, are to be read at the trial, on motion of…
2Cited by4 opinions
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- Darden v. Mayor of WashingtonCourt of Appeals of Georgia · 1926
- Ricketts v. Liberty Mutual InsuranceCourt of Appeals of Georgia · 1972
- Tracy's Auto Parts, Inc. v. TurnerCourt of Appeals of Georgia · 1962