Baumgartner v. McKinnon
Court of Appeals of Georgia
Complaint; from city court of Brunswick — Judge Krauss. It appears from the record that P. W. Fleming borrowed $500 from John A. Ward, and gave therefor a promissory note, dated February 6, 1903, and due one year after date, with interest from date at the rate of eight per cent, per annum. The note was indorsed by B. A. White Jr., M. Elkan, and Fred Baumgartner.
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Complaint; from city court of Brunswick — Judge Krauss. It appears from the record that P. W. Fleming borrowed $500 from John A. Ward, and gave therefor a promissory note, dated February 6, 1903, and due one year after date, with interest from date at the rate of eight per cent, per annum. The note was indorsed by B. A. White Jr., M. Elkan, and Fred Baumgartner. On May 1, 1903, Fleming borrowed $200 from Ward on his (Fleming’s) note indorsed by George R. Krauss, and $300 on his (Fleming’s) note indorsed by R. R. Hopkins and C. D. Ogg. Both of these latter notes fell due May 1, 1904. Thus…
1Opinion of the CourtBussell, J.
(After stating the foregoing facts.)
Inasmuch as a finding in favor of the defendant upon the plea of the statute of limitations would have worked a total disposition of the ease, regardless of the ruling upon the plea of release, and in view of the fact that this court requested the instruction of the Supreme Court upon that branch of the ease, we shall consider in inverse order the defenses presented by the pleas. The decision of the Supreme Court, in answer to the certified question, disposes of the plea of the statute of limitations, and sustains the final judgment of the trial judge,…
2Cases cited13 opinions
- Rankin v. ScottSupreme Court of the United States · 1827
- Thomas v. ClarksonSupreme Court of Georgia · 1906
- Neal v. BoykinSupreme Court of Georgia · 1907
- Rushin v. Shields & BallSupreme Court of Georgia · 1852
- Ewing v. MosesSupreme Court of Georgia · 1873
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3Cited by11 opinions
- Rich v. DixonSupreme Court of Connecticut · 1965
- Redfearn v. Citizens & Southern National BankCourt of Appeals of Georgia · 1970
- Bank of Georgia v. CardCourt of Appeals of Georgia · 1951
- COTTON STATES MUTUAL INSURANCE COMPANY v. TaborCourt of Appeals of Georgia · 1959
- Sanders v. Fulton National BankCourt of Appeals of Georgia · 1979
6 more not listed; retrieve them via the Exa API.