Shumate v. Ryan
Supreme Court of Georgia
Appeal. Before Judge Pendleton. Fulton superior court. November 3, 1905. Byan brought suit against Shumate on a contract, and to avoid the effect of a plea of a discharge in bankruptcy, which was filed by said defendant, the plaintiff was allowed to amend his petition by alleging a new promise to pay, made since the adjudication in bankruptcy and before the suit on the contract was brought.
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Appeal. Before Judge Pendleton. Fulton superior court. November 3, 1905. Byan brought suit against Shumate on a contract, and to avoid the effect of a plea of a discharge in bankruptcy, which was filed by said defendant, the plaintiff was allowed to amend his petition by alleging a new promise to pay, made since the adjudication in bankruptcy and before the suit on the contract was brought. The defendant objected to the allowance of said amendment, on the ground that “it set up a new cause of action.” The order overruling this objection and allowing the amendment constitute the principal…
1Opinion of the CourtBeck, J.
(After stating the facts.)
1. In Martin v. Broach, 6 Ga. 21, it was ruled that “A promise to pay a debt barred by the statute constitutes a new cause' of action, which a party seeking to avail himself of must declare upon in the words in which it was made, or'according to its legal effect. The old debt is regarded as the consideration which supports the promise; and in declaring, must be set out as the inducement to it.” But in Beard v. Simmons, 9 Ga. 4, it was held that “Where a promissory note is declared upon, which on its face is barred by the statute of limitations, and the defendant…
2Cases cited5 opinions
- Martin v. BroachSupreme Court of Georgia · 1849
- Smith v. CookSupreme Court of Georgia · 1883
- Beard v. SimmonsSupreme Court of Georgia · 1850
- Vines v. Tift & Co.Supreme Court of Georgia · 1888
- Cumer & Co. v. AllenSupreme Court of Georgia · 1883
3Cited by11 opinions
- Brazell v. HearnCourt of Appeals of Georgia · 1925
- Pendley v. PowersSupreme Court of Georgia · 1907
- Sinclair Refining Co. v. ScottCourt of Appeals of Georgia · 1939
- Daniels v. BookerCourt of Appeals of Georgia · 1919
- Riggs v. KinneyCourt of Appeals of Georgia · 1927
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