Pittman v. Elder
Supreme Court of Georgia
Statute of Limitations. Contracts. Consideration. Waiver. Before Judge Clarke. City Court of Atlanta. September Term, 1885. Aby Elder, for the joint use of herself and her sisters, Lucy Ivey and H. L. Eowler, brought suit against Mary E. Pittman, administratrix of Richard A. Pittman, and alleged that, as administratrix' of Richard A. Pittman, defendant was indebted to them the principal and interest of the following note: “Atlanta, February 18, 1864. “One day after date, I…
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Statute of Limitations. Contracts. Consideration. Waiver. Before Judge Clarke. City Court of Atlanta. September Term, 1885. Aby Elder, for the joint use of herself and her sisters, Lucy Ivey and H. L. Eowler, brought suit against Mary E. Pittman, administratrix of Richard A. Pittman, and alleged that, as administratrix' of Richard A. Pittman, defendant was indebted to them the principal and interest of the following note: “Atlanta, February 18, 1864. “One day after date, I promise to pay Mrs. Asenath Pittman forty-two hundred dollars in gold, or its equivalent, for borrowed (trust) money.…
1Opinion of the Court
Hall, Justice.'
The question made' is, whether a debt coming within, .the limitation act of March 16th, 1869 (Acts, p. 133), *373which not only bars the right of action, but extinguishes the debt, can be revived by a new promise in writing made after the lapse of the period in which the act prescribes for the bringing of the suit, without an additional-consideration for the promise. The court held, on demurrer to the declaration, that the past indebtedness, which had never been paid to the owner of the claim, was a sufficient consideration to support the promise, and to entitle the plaintiff to…
2Cases cited1 opinion
- Weatherly v. HardmanSupreme Court of Georgia · 1882
3Cited by7 opinions
- Davis & Co. v. MorganSupreme Court of Georgia · 1903
- Brazell v. HearnCourt of Appeals of Georgia · 1925
- State of Georgia v. CraneSupreme Court of Georgia · 1968
- Gettis v. GormleyCourt of Appeals of Georgia · 1934
- Robinson v. J. Smith Lanier & Co.Court of Appeals of Georgia · 1996
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