Dawson v. Godkins
Supreme Court of Georgia
Assumpsit, in Greene Superior court. Tried before Judge Hardeman, March Term, 1859. This was an action of assumpsit, brought by James W. Godkins, as bearer, against George O. and Lucien W. Dawson, administrators of William C. Dawson, deceased, upon a promissory note made by deceased in his lifetime, dated 3d July, 1835, and payable one day after date to Grant & Hall, or bearer.
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Assumpsit, in Greene Superior court. Tried before Judge Hardeman, March Term, 1859. This was an action of assumpsit, brought by James W. Godkins, as bearer, against George O. and Lucien W. Dawson, administrators of William C. Dawson, deceased, upon a promissory note made by deceased in his lifetime, dated 3d July, 1835, and payable one day after date to Grant & Hall, or bearer. There was a count in the declaration on a new promise, alleged to have been made within six years from the commencement of the action. The defendants plead payment, and the statute of limitations. At the trial,…
1Opinion of the Court
By the Court.
McDonald, J.,
delivering the Opinion.
It is insisted, on the part of the plaintiffs in error, that four years is the statute bar to an action ’on the promise relied on to remove the bar of the statute in this case; that the promise does not revive the original debt, but that that debt is simply a consideration for the new promise; and that the four years had expired, even adding the year during which the administrators were exempt from suit, before the action was brought, and that the note ought not to have been admitted in evidence. Even on the hypothesis of the counsel for the…
2Cases cited1 opinion
- Clementson v. WilliamsSupreme Court of the United States · 1814
3Cited by4 opinions
- Sammons v. NabersSupreme Court of Georgia · 1938
- King v. EdelCourt of Appeals of Georgia · 1943
- Jackson v. BrownCourt of Appeals of Georgia · 1968
- Murray v. BaldwinCourt of Appeals of Georgia · 1943