Youmans v. Moore
Court of Appeals of Georgia
Complaint; from city court of Swainsboro — Judge H. R. Daniel. September 30, 1911.
1Opinion of the CourtHill, C. J.
1. In mutual running accounts, where there has been no accounting or liquidation of the indebtedness, or other like act, by which a new point was established from which the statute could begin to run, none of the accounts would be barred until the last item egaged is barred. Madden v. Blain, 66 Ga. 52; Gunn v. Gunn, 74 Ga. 568 (58 Am. Rep. 447) ; Walker v. Mercer, 41 Ga. 44. In the absence of direction, creditors have the right to apply payments to the oldest item of indebtedness, so as to avoid the bar of the statute of limitations. Hobbs v. Crawford, 4 Ga. App. 585 (62 S. E. 157).
2. In a…
2Cases cited6 opinions
- Supreme Conclave Knights of Damon v. WoodSupreme Court of Georgia · 1904
- Gunn v. GunnSupreme Court of Georgia · 1885
- Madden v. BlainSupreme Court of Georgia · 1880
- Hobbs v. Crawford & MaxwellCourt of Appeals of Georgia · 1908
- Thomas Walker & Co. v. Mercer & DeGraffenriedSupreme Court of Georgia · 1870
1 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Redwing Carriers, Inc. v. KnightCourt of Appeals of Georgia · 1977
- Cook v. StateCourt of Appeals of Georgia · 1918
- Pelham Phosphate Co. v. DanielsCourt of Appeals of Georgia · 1918
- Masonic Relief Ass'n v. HicksCourt of Appeals of Georgia · 1933
- Muse v. HallCourt of Appeals of Georgia · 1916
16 more not listed; retrieve them via the Exa API.