Collins v. Everett
Supreme Court of Georgia
Assumpsit. From Bibb Superior Court. Tried before J udge-Floyd, November Term, 1847. The action was brought by Everett against Collins, in the Court below, upon the indorsement of Collins upon the following note “$4000. “Macon, Jan. 1, 1842. “ Twelve months after date, I promise to pay James A. Ever- “ ett, or order, four thousand dollars, for value received, with interest from date.” (signed) “J. G. Moore.” (Indorsed) “ Robert Collins.”
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Assumpsit. From Bibb Superior Court. Tried before J udge-Floyd, November Term, 1847. The action was brought by Everett against Collins, in the Court below, upon the indorsement of Collins upon the following note “$4000. “Macon, Jan. 1, 1842. “ Twelve months after date, I promise to pay James A. Ever- “ ett, or order, four thousand dollars, for value received, with interest from date.” (signed) “J. G. Moore.” (Indorsed) “ Robert Collins.” The declaration contained three counts, the first charging Rollins as security under the Act of 1826; the second charging him as a guarantor; and the third…
1Opinion of the Court
By the Court.
Nisbet, J.
delivering the opinion.
There were originally three counts in this writ — one, which charged the defendant, Collins, as guarantor, seems to have been abandoned. Of the other two, one charges him as surety to the maker, under the Act of 1826; and the other as an original prom-isor. The Court below having admitted parol testimony to show at what time, and under what circumstances, Collins indorsed this note, charged the Jury, “ that the recovery by the plaintiff depends upon the time at which the name ofthedefendant was written upon the note. If you believe from the…
2Cases cited2 opinions
- Dean v. HallNew York Supreme Court · 1837
- Nelson v. DuboisNew York Supreme Court · 1816
3Cited by11 opinions
- Brazil v. StateSupreme Court of Georgia · 1903
- Sibley v. American Exchange National BankSupreme Court of Georgia · 1895
- Quin v. SterneSupreme Court of Georgia · 1858
- Camp v. SimmonsSupreme Court of Georgia · 1878
- Neal & Co. v. WilsonSupreme Court of Georgia · 1887
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