Armstrong v. Lewis
Supreme Court of Georgia
Equity. Negotiable'securities. Indorsement. Judgments. Practice in the Superior Court. Dockets. JRemittiiyior. Discovery. Before Judge Crisp. Sumter Superior Court. April Adjourned Term, 1878. Lewis filed his bill against Armstrong, administrator, and others, making, in brief, this case : In 1860 complainant became accommodation indorser for Hand & Bagley, on two notes to defendant’s intestate, James W. Armstrong.
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Equity. Negotiable'securities. Indorsement. Judgments. Practice in the Superior Court. Dockets. JRemittiiyior. Discovery. Before Judge Crisp. Sumter Superior Court. April Adjourned Term, 1878. Lewis filed his bill against Armstrong, administrator, and others, making, in brief, this case : In 1860 complainant became accommodation indorser for Hand & Bagley, on two notes to defendant’s intestate, James W. Armstrong. In I860 the latter brought suit in Sumter superior court against Hand & Bagley, of that county, and complainant, as indorser, of Dooly county. Hand pleaded to the action for…
1Opinion of the Court
Bleckley, Justice.
1. For the indorser to be discharged by reason of the dismissal of the creditor’s suit, under the circumstances detailed in the record, the act of dismissal must have been by the creditor himself, or by the court at his instance, and this must appear by evidence. If the creditor was not at fault in the matter, and the court, either without a motion, or on motion of the adverse party, dismissed the case, the indorser was not discharged.
2. As to evidence that the suit was dismissed, there can be no doubt that the only primary evidence is an entry on the proper docket, or on…
2Cases cited1 opinion
- Heard v. Russell & PotterSupreme Court of Georgia · 1877
3Cited by14 opinions
- McMillan v. Heard National BankCourt of Appeals of Georgia · 1917
- Knox v. StateSupreme Court of Georgia · 1901
- Jones v. GranthamSupreme Court of Georgia · 1888
- Saffold v. BanksSupreme Court of Georgia · 1882
- Merritt v. StateSupreme Court of Georgia · 1905
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