Poole v. Trimble
Supreme Court of Georgia
Appeal. Before Judge Candler. Clayton superior court. March, term, 1897. On October 28, 1896, Maggie Poole brought suit against Trimble for a balance alleged to be due on a loan made to the' defendant by her on December 8,1890. A plea of the statute of limitations was filed; and upon the trial a nonsuit was granted upon the ground that the action was barred.
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Appeal. Before Judge Candler. Clayton superior court. March, term, 1897. On October 28, 1896, Maggie Poole brought suit against Trimble for a balance alleged to be due on a loan made to the' defendant by her on December 8,1890. A plea of the statute of limitations was filed; and upon the trial a nonsuit was granted upon the ground that the action was barred. Plaintiff testified that she lent the money to the defendant for the purpose of enabling him to make a payment upon a piece of land. No special time was fixed for repayment, but the defendant promised that whenever he should finish paying…
1Opinion of the CourtSimmons, C. J.
We think that the court below did not err in granting a nonsuit. When the loan was made, no time for its repayment ivas agreed upon by the parties, but in March, 1891, plaintiff wrote a letter which was in effect a demand, and which, therefore, fixed the maturity of the debt. Where a debt is not at once due and no time is specified for its payment, it is due and payable in a reasonable time or upon de*775mand subsequently made. The cases of Chandler v. Chandler, 62 Ga. 612, and Patterson v. Blanchard, 98 Ga. 518, relied upon by plaintiff in error, are readily distinguishable from the present; for…
2Cases cited3 opinions
- Small v. CohenSupreme Court of Georgia · 1897
- Patterson v. BlanchardSupreme Court of Georgia · 1896
- Chandler v. ChandlerSupreme Court of Georgia · 1879
3Cited by7 opinions
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- Callahan v. Atlantic Ice & Coal Corp.Court of Appeals of Georgia · 1924
- Burkhalter v. BurkhalterCourt of Appeals of Georgia · 1926
- Jasper School District v. GormleyCourt of Appeals of Georgia · 1938
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