Freeman v. Bigham
Supreme Court of Georgia
New Trial. Witness. Evidence. Attorney and client. Charge of Court. Before Judge BUCHANAN. Troup Superior Court. May Term, 1880. Sterling, principal, and Sims, security made a promissory note to Neal or bearer, for $10,466.66, dated May 19th, i860, due on January 1st, 1861. This note was indorsed as follows: “ Indorsed the second instance only, and this note to be sued when due, without any delay, if not promptly paid. (Signed) Benj. H. Bigham.”
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New Trial. Witness. Evidence. Attorney and client. Charge of Court. Before Judge BUCHANAN. Troup Superior Court. May Term, 1880. Sterling, principal, and Sims, security made a promissory note to Neal or bearer, for $10,466.66, dated May 19th, i860, due on January 1st, 1861. This note was indorsed as follows: “ Indorsed the second instance only, and this note to be sued when due, without any delay, if not promptly paid. (Signed) Benj. H. Bigham.” There were several credits not material here. Freeman, as executor of Neal, brought suit on this indorsement, alleging the insolvency of the maker…
1Opinion of the Court
JACKSON, Chief Justice.
This action was brought by Freeman, executor of Neal, against Bigham, on. an indorsement of a promissory note whereby the indorser limited his liability in the following words; “ Indorsed second instance only, and this note to be sued when due, without any delay, if not promptly paid.”
The defendant pleaded the statute of limitations and a release by the plaintiff’s testator in consideration that he, the defendant, being an attorney at law, would sue the note to judgment without charging any fee therefor. The case went to trial on these issues, and the jury found a…
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