McCarter v. Turner
Supreme Court of Georgia
Promissory notes. Joint and several liability. Principal and security. Evidence. On August 14th, 1869, McCarter brought complaint against Turner and one H. H. Weaver upon the following note: “ One day after date, we or either of us promise to pay to J. K. McCarter, or bearer, three hundred and fifty-five dollars and seventy-one cents, for value received. This March 11th, 1863. (Signed) “E. A. Turner, “H. H. Weaver.” Weaver filed an issuable plea, under oath.
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Promissory notes. Joint and several liability. Principal and security. Evidence. On August 14th, 1869, McCarter brought complaint against Turner and one H. H. Weaver upon the following note: “ One day after date, we or either of us promise to pay to J. K. McCarter, or bearer, three hundred and fifty-five dollars and seventy-one cents, for value received. This March 11th, 1863. (Signed) “E. A. Turner, “H. H. Weaver.” Weaver filed an issuable plea, under oath. Turner made no defense. At the September term, 1870, the case was dismissed as to Weaver, and a judgment rendered by the Court against…
1Opinion of the Court
Tuippe, Judge.
1. We know of no authority going to the extent that if a creditor, holding a note on two joint and several contractors, brings suit against one only, and by his failure to join the other, or to sue him in a separate action, the debt is barred as against that other by the statute of limitations, that the party who is sued can, on that account, plead that he is released from liability. There is no provision in the statute giving the right to a mere co-obligor to order action to be brought, and on the failure of the creditor to obey, to claim a discharge.
If this right does not…
2Cited by10 opinions
- Waldrop v. WolffSupreme Court of Georgia · 1902
- McMillan v. Heard National BankCourt of Appeals of Georgia · 1917
- Williams v. KennedySupreme Court of Georgia · 1910
- Johnson v. LongleySupreme Court of Georgia · 1914
- Bank of Lumpkin County v. JustusSupreme Court of Georgia · 1920
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