Smith v. Simms
Supreme Court of Georgia
Assumpsit, in Troup Superior Court. Tried before Judge Hill, November Term, 1850. An action of assumpsit was instituted by John C. Simms, as administrator of Thomas C. Brown, against Otis Smith, the plaintiff in error, on a promissory note made by Smith, and payable to Brown, for $644 72, due the 17th day of January, 1843. On the note there was a credit of $140, entered 1st day of January, 1845. The action was brought to the May Term, 1850, of Troup Superior Court, the…
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Assumpsit, in Troup Superior Court. Tried before Judge Hill, November Term, 1850. An action of assumpsit was instituted by John C. Simms, as administrator of Thomas C. Brown, against Otis Smith, the plaintiff in error, on a promissory note made by Smith, and payable to Brown, for $644 72, due the 17th day of January, 1843. On the note there was a credit of $140, entered 1st day of January, 1845. The action was brought to the May Term, 1850, of Troup Superior Court, the process of the Clerk bearing date the-day of- 1850. The declaration, after setting ont the note in the usual manner, alleged…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
John C. Simms, as administrator of Thomas C. Brown, de*421ceased, brought an action of assumpsit against Otis Smith, upon the following note:
“ $644 72.
“ One day after date, I promise to pay T. C. Brown or bearer,, six hundred and forty-four 72-100 dollars, value received. January 17th, 1843.
[Signed,] OTIS SMITH.”
On the back of the note was indorsed this- credit—
“Received one hundred and forty dollars. January 1st,, 1845.”
The defendant pleaded non assumpsit, and actio non accrevif infra sex annos.
On the trial, the plaintiff tendered in evidence the…
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