Green v. Hall
Supreme Court of Georgia
Complaint on Note. Statute of Limitations. Decided by-Judge Augustus Reese. Richmond Superior Court. April Term, 1867. This was complaint by Green against Hall in his said representative capacity, on the following promissory note: « $846.77. October 10th, 1851. One day after date, ! promise to pay to M. P. Green, or hearer, the sum of Eight Hundred and Forty-six Dollars and Seventy-seven cents, in renewal of a note given by William Fulcher.
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Complaint on Note. Statute of Limitations. Decided by-Judge Augustus Reese. Richmond Superior Court. April Term, 1867. This was complaint by Green against Hall in his said representative capacity, on the following promissory note: « $846.77. October 10th, 1851. One day after date, ! promise to pay to M. P. Green, or hearer, the sum of Eight Hundred and Forty-six Dollars and Seventy-seven cents, in renewal of a note given by William Fulcher. Ann C. Fulcher, Executrix” On which note was this endorsement: “10th December, 1855. — Received of James A. Templeton for Ann C. Fulcher, executrix on the…
1Opinion of the CourtWarner, C. J.
The error assigned to the judgment of the Court below in this case, is in deciding that the note sued on was barred by the statute of limitations. By the Act of 1854, the credit entered on the note, of part payment thereof, must be subscribed by the party making it, or some other person thereunto by him lawfully authorized, if made after the statute of limitations has commenced running, in order to revive the same, or to form a new starting point from which the statute will commence running. In this case the credit on the note *540was not subscribed by the party making it, nor does it appear that…
2Cited by6 opinions
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- Moore v. MooreSupreme Court of Georgia · 1898
- County of Butts v. StrahanSupreme Court of Georgia · 1921
- Siefferman v. PeppersCourt of Appeals of Georgia · 1981
- Fulton County v. Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter Day SaintsCourt of Appeals of Georgia · 1975
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