Langston v. Aderhold
Supreme Court of Georgia
Statute of limitations. Principal and security. Contracts. Before Judge Rioe. Eranklin Superior Court. October Term, 1877. On March 16, 1876, Langston, as administrator of Bag-well, brought complaint against Aderhold, upon the following note: “ Oarnesville, October 18, 1865. “ Twelve months after date I promise to pay J. E. Langston, administrator of J. J. M. Bagwell, or bearer, thirteen hundred and twenty-three dollars and forty cents, value received.
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Statute of limitations. Principal and security. Contracts. Before Judge Rioe. Eranklin Superior Court. October Term, 1877. On March 16, 1876, Langston, as administrator of Bag-well, brought complaint against Aderhold, upon the following note: “ Oarnesville, October 18, 1865. “ Twelve months after date I promise to pay J. E. Langston, administrator of J. J. M. Bagwell, or bearer, thirteen hundred and twenty-three dollars and forty cents, value received. (Signed) Charles S. Goodwin, H. D. Aderhold.” Indorsement on back; “ To avoid a suit upon this note for the present, and to prevent any…
1Opinion of the Court
Bleckley, Judge.
1. The Code declares, in section 2158, that, “if by any *379act of the creditor the surety is discharged, and in ignorance of the fact of such discharge, the surety promises to pay, such promise shall not be binding.” This applies where there is discharge; as if an indorser being discharged for want of notice of non-payment, promises to pay, making the promise in ignorance of his legal rights, he will not be bound. 2 Kelly, 30, 31. Rut the statute of limitations (Code, §2917) does not work discharge. The statute goes to the remedy, and does not act directly upon the right.' The…
2Cases cited5 opinions
- Townsend v. JemisonSupreme Court of the United States · 1850
- Warder v. TuckerMassachusetts Supreme Judicial Court · 1811
- Reid v. FlippenSupreme Court of Georgia · 1872
- Wynn v. LeeSupreme Court of Georgia · 1848
- Addison v. John Christy & Co.Supreme Court of Georgia · 1873
3Cited by6 opinions
- Brooks v. FowlerSupreme Court of Georgia · 1889
- Atlanta Trust & Banking Co. v. NelmsSupreme Court of Georgia · 1903
- Daniels v. BookerCourt of Appeals of Georgia · 1919
- Collier v. PerkersonSupreme Court of Georgia · 1860
- Franklin v. MobleySupreme Court of Georgia · 1947
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