Cox v. Bailey
Supreme Court of Georgia
Assumpsit, in Henry Superior Court. Tried before Judge Stark, October Term, 1850. The plaintiff in error instituted an action of assumpsit against the defendant in error, upon a promissory note, of which the following is a copy: “ Tivelve months after date, I promise to pay Edward Cox, or order, twenty-seven hundred dollars, for value received. 24th November, 1837. MORTON BLEDSOE, JOSEPH P. MANLY, ELIJAH BAILEY, WILLIAM LANDRUM.”
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Assumpsit, in Henry Superior Court. Tried before Judge Stark, October Term, 1850. The plaintiff in error instituted an action of assumpsit against the defendant in error, upon a promissory note, of which the following is a copy: “ Tivelve months after date, I promise to pay Edward Cox, or order, twenty-seven hundred dollars, for value received. 24th November, 1837. MORTON BLEDSOE, JOSEPH P. MANLY, ELIJAH BAILEY, WILLIAM LANDRUM.” The defendant pleaded the Statute of Limitations. On the trial, the plaintiff read the note, in evidence, and then submitted to the Jury the testimony of Joseph H.…
1Opinion of the Court
By the Court.
Warner, J.
delivering the opinion.
[1.] The only question made by the record in this caséis, whether part payment of a promissory note made by one of four joint and several makers, or promisors, before the Statute ofLimitations had barred the'debt, will operate, so as to prevent the bar of the Statute as to the others. We have already held, that part payment of a debt, is a sufficient acknowledgement that the whole debt is still due, so as to authorize the presumption of a promise to pay the remainder; but that is not the question now presented for our consideration. The question…
2Cases cited2 opinions
- Smith v. LudlowNew York Supreme Court · 1810
- Johnson v. BeardsleeNew York Supreme Court · 1818
3Cited by9 opinions
- Cowhick v. ShingleWyoming Supreme Court · 1894
- Rogers v. BurrSupreme Court of Georgia · 1898
- Hunter v. RobertsonSupreme Court of Georgia · 1860
- McLin v. HarveyCourt of Appeals of Georgia · 1910
- Bergman v. BlyCourt of Appeals for the Eighth Circuit · 1895
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