Stewart v. Thompson & Co.
Supreme Court of Georgia
Jurisdiction. County courts. Before Judge Roberts. Pulaski superior court. November term, 1889. Thompson & Co. sued Stewart in Pulaski county court on a promissory note, due October 1, 1887, for $136.05, interest from maturity at eight per cent, and ten per cent, attorney’s fees ; but the suit was for only $100 besides interest, the plaintiffs having previously written oft $36.05 principal and the attorneys’ fees, without the defendant’s consent, in order to sue in monthly…
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Jurisdiction. County courts. Before Judge Roberts. Pulaski superior court. November term, 1889. Thompson & Co. sued Stewart in Pulaski county court on a promissory note, due October 1, 1887, for $136.05, interest from maturity at eight per cent, and ten per cent, attorney’s fees ; but the suit was for only $100 besides interest, the plaintiffs having previously written oft $36.05 principal and the attorneys’ fees, without the defendant’s consent, in order to sue in monthly term of the county court. There, on February 6, 1888, they recovered against him a verdict and judgment for $100…
1Opinion of the Court
Bleckley, Chief Justice.
Where no statutory provision regulates the matter, whether a creditor whose demand is created by express contract, such as a promissory note, can voluntarily abandon a part of his claim, or enter a credit upon it, for the express purpose of reducing it within the jurisdiction of a given court, is a question upon which authorities differ. It is probable that the weight of decision is with the affirmative. Wells on Jur. §102; King v. Dougherty, 2 Stew. (Ala.) 487; Raymond v. *831Strobell, 34 Ill. 113; Culbertson v. Tomlinson, 1 Morris (Ia.), 404; Stone v. Murphy, 2 Clarke…
2Cases cited13 opinions
- Stroh v. UhrichSupreme Court of Pennsylvania · 1841
- Wharton v. KingSupreme Court of Alabama · 1881
- Danforth v. StreeterSupreme Court of Vermont · 1856
- Matlack v. LareSupreme Court of Missouri · 1862
- Tyler Cotton Press Co. v. ChevalierSupreme Court of Georgia · 1876
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3Cited by3 opinions
- Jennings v. StriplingSupreme Court of Georgia · 1907
- Woods v. Massachusetts Protective Ass'nDistrict Court, E.D. Kentucky · 1929
- Dowdle v. SteinSupreme Court of Georgia · 1897