Shumate v. Williams
Supreme Court of Georgia
Plea of the statute of limitation. In Wilkes Superior Court. Decided by Judge Reese. March Term, 1866. This was an action brought by Daniel Shumate against Jesse C. Williams, on a promissory note, dated the 27th of June, 1854, and payable one day after date, for $628.42. The following credits were endorsed on said note : ' Credits — $29.31, 18th April, 1856. $31.67, 1st February,' 1857. $ 2.86, 20th March, 1861.’ $10.95, 2d February, 1863. The plaintiff offered in evidence…
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Plea of the statute of limitation. In Wilkes Superior Court. Decided by Judge Reese. March Term, 1866. This was an action brought by Daniel Shumate against Jesse C. Williams, on a promissory note, dated the 27th of June, 1854, and payable one day after date, for $628.42. The following credits were endorsed on said note : ' Credits — $29.31, 18th April, 1856. $31.67, 1st February,' 1857. $ 2.86, 20th March, 1861.’ $10.95, 2d February, 1863. The plaintiff offered in evidence said note with the credits thereon. The defendant objected to the note being read, on the ground that it was barred on…
1Opinion of the CourtLumpkin, C. J.
This action wascommenced after the note had been due more than six years; consequently, unless upheld by the credits, it could not withstand the defendant’s plea.
Giving to the parol evidence full effect, it proves only that these credits are correct, that they represent payments actually made, and were entered by the plaintiff in the presence of defendant, and with his consent. The question, then, is, did they prevent or avoid the bar of the statute?
The plaintiff’s counsel, in his argument before us, frankly admitted that this effect could not be claimed for the first credit, nor the last.…
2Cited by12 opinions
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- Sutton v. DyeSupreme Court of Georgia · 1878
- Obear v. First National BankSupreme Court of Georgia · 1895
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