Dennis v. Sharman
Supreme Court of Georgia
Assumpsit, in Hancock Superior Court. Tried before Judge Thomas, at the October Term, i860. James B. Nickelson brought suit against James H. Willey, Thomas C. Grimes, and James T. Johnson, alleging that, as partners, using the firm name of Willey, Grimes & Co., they were indebted to him the amount due on the original note, ■of which the following is a copy, with the credits thereon, to wit: , “Greensboro"’, Ga., Oct. 24th, 1837. “On or before the 1st day of January, 1840, we…
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Assumpsit, in Hancock Superior Court. Tried before Judge Thomas, at the October Term, i860. James B. Nickelson brought suit against James H. Willey, Thomas C. Grimes, and James T. Johnson, alleging that, as partners, using the firm name of Willey, Grimes & Co., they were indebted to him the amount due on the original note, ■of which the following is a copy, with the credits thereon, to wit: , “Greensboro"’, Ga., Oct. 24th, 1837. “On or before the 1st day of January, 1840, we promise to pay James- B. Nickelson, or bearer, eight thousand nine hundred and fifty dollars, with interest from date,…
1Opinion of the Court
By the Court. —
Eyon, J.,
delivering the opinion.
The main issue between the parties in this case is: Whether .the cause of action of defendants in error was barred by the statute of limitations at the commencement of the suit? and that depends, for the present, at least, upon the question, whether the credit endorsed on the note sued upon, of the date of ist March, 1846, of one hundred dollars, is such an acknowledgment of the existence of the debt, at that time, as from which a valid promise to pay the debt, either expressly or by implication, may be presumed, so as to> constitute a new point,…
2Cases cited6 opinions
- Saltmarsh v. TuthillSupreme Court of Alabama · 1848
- Lyon v. StrongSupreme Court of Vermont · 1834
- Ingraham v. HutchinsonSupreme Court of Connecticut · 1818
- Hussey v. RoquemoreSupreme Court of Alabama · 1855
- Wight v. GeerSupreme Court of Connecticut · 1792
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Hayden v. MitchellSupreme Court of Georgia · 1898
- Doscher v. GarvinCourt of Appeals for the Second Circuit · 1924
- Lawrence v. FarwellSupreme Court of New Hampshire · 1932