Poole v. Hines
Supreme Court of Georgia
Administrators and executors. Amendment. Husband and wife. Infant. Before J udge Kiddoo. Decatur Superior Court. May Term, 1874. Ephraim PI. Poole brought complaint against Ella S. Hines on a note dated March 30th, 1867, due at six months, payable to Hodgkiss, Scott & Company, or order, for $2,496 89, with the indorsement'of the payees and divers credits thereon. The note was signed thus: “ Ella S. Hines, adm’x on est. D. P. Hines.”
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Administrators and executors. Amendment. Husband and wife. Infant. Before J udge Kiddoo. Decatur Superior Court. May Term, 1874. Ephraim PI. Poole brought complaint against Ella S. Hines on a note dated March 30th, 1867, due at six months, payable to Hodgkiss, Scott & Company, or order, for $2,496 89, with the indorsement'of the payees and divers credits thereon. The note was signed thus: “ Ella S. Hines, adm’x on est. D. P. Hines.” The defendant pleaded the general issue and infancy. The plaintiff introduced the note sued on and closed. The •defendant showed that she was a minor at the date…
1Opinion of the Court
Trippe, Judge.
1. The note given by the administratrix did not extinguish the debt against the estate. Indeed, the amendment which was proposed to be made to the pleadings, expressly charges that it was intended to bind the estate. In Wylly vs. Collins & Company, 9 Georgia, 223, it was held that one simple contract does not meige or extinguish another; that a bill, acceptance, or promissory note, either of the debtor or a third person, is not a payment or extinguishment of a debt, unless accepted as such; that the circumstances of the note being given by an agent of the principal debtor,…
2Cited by4 opinions
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- Stokes v. RobertsonSupreme Court of Georgia · 1915
- LaPierre v. WebbSupreme Court of Georgia · 1901
- Robinson v. LindseyCourt of Appeals of Georgia · 1938