Holland v. Chaffin
Supreme Court of Georgia
Debt from Jasper Superior Court. Tried before Judge Hardeman, at April Term, 1857. Holland brought suit against Chaffin as principal, and Lane as security, on a promissory note for #126 30, dated 16th April, 1849, and payable one day after date. There was a credit on the note of one dollar, paid by Chaffin, 10th February, 1855, and the declaration was amended, alleging this fact, and that by reason thereof, defendant’s liability continued.
Read the full summary
Debt from Jasper Superior Court. Tried before Judge Hardeman, at April Term, 1857. Holland brought suit against Chaffin as principal, and Lane as security, on a promissory note for #126 30, dated 16th April, 1849, and payable one day after date. There was a credit on the note of one dollar, paid by Chaffin, 10th February, 1855, and the declaration was amended, alleging this fact, and that by reason thereof, defendant’s liability continued. Lane the security, pleaded several pleas, but relied mainly on the plea of the statute of limitations. Upon the first trial, there was a verdict for…
1Opinion of the Court
By the Court.
Benning, J.
delivering the opinion.
Does the partial payment of a debt by the debtor, or the verbal acknowledgment of the debt by the debtor, destroy the effect of the statute of limitations upon the debt ? The decision of the Court below was that neither does.
The question turns upon what is the meaning of the Act of 20th February 1854, amendatory of the statutes of limitations. That Act is as follows:
“From and after the passage of this Act, no promise, acknowledgment, or admission, of a debt, made after the statute of limitations has commenced running, shall be sufficient to…
2Cited by5 opinions
- Moore v. MooreSupreme Court of Georgia · 1898
- Gwinn v. FarrierSupreme Court of Virginia · 1932
- Bingham v. Advance Industrial Security, Inc.Court of Appeals of Georgia · 1976
- Garrett v. Lincoln Cemetery, Inc.Court of Appeals of Georgia · 1979
- In Re Estate of KneereamWest Virginia Supreme Court · 1938