Marietta Savings Bank v. Janes
Supreme Court of Georgia
Administrators and executors. Evidence. Contracts. Before Judge UNDERWOOD. Polk Superior Court. August Term, 1880. To the report contained in the decision, it is only necessary to add that the following were among the grounds of the motion for new trial: (1) . Because the court erred in admitting in evidence, over the objection of plaintiff’s counsel, a letter written by J. D. Waddell, previous to the making of said note, to-wit: April 18th, 1877, containing these words:…
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Administrators and executors. Evidence. Contracts. Before Judge UNDERWOOD. Polk Superior Court. August Term, 1880. To the report contained in the decision, it is only necessary to add that the following were among the grounds of the motion for new trial: (1) . Because the court erred in admitting in evidence, over the objection of plaintiff’s counsel, a letter written by J. D. Waddell, previous to the making of said note, to-wit: April 18th, 1877, containing these words: “Send up your note as administrator of your father’s estate, and it shall never in any way or manner prejudice you…
1Opinion of the Court
JACKSON, Chief Justice.
This action was brought by the Marietta Savings Bank against C. G. Janes, to recover the sum due on a promissory note made by Janes as administrator on his father’s estate. As originally brought, it sought to charge him as-administrator, but the words charging him in that character were stricken by the plaintiff, and it proceeded against him individually. Janes pleaded that he gave the note sued on merely to renew a note his father had given Waddell, and on the promise by letter of Waddell that he would not hold Janes personally liable, but only go against the estate…
2Cases cited3 opinions
- Kendrick v. J. B. O'Neil, Foster & Co.Supreme Court of Georgia · 1873
- Kemp & Mock v. ByneSupreme Court of Georgia · 1875
- Planters' Bank v. HouserSupreme Court of Georgia · 1876
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- Crooker v. HamiltonCourt of Appeals of Georgia · 1907
- McCreary v. GewinnerSupreme Court of Georgia · 1898
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