Legal Opinion

Marbut v. Hamilton

Court of Appeals of Georgia

Decided April 23, 1924No. 15384PublishedCited by 6 opinions

1Opinion of the CourtBell, J.

1. As the notes sued on reeited merely that they were given “under the hand of” the maker, and had no actual seal attached, they were not sealed instruments, although the signature upon each was followed by the letters “(L. S'.)”. Echols v. Phillips, 112 Ga. 700 (1) (37 S. E. 977); Jackson v. Augusta Southern R. Co., 125 Ga. 801 (54 S. E. 697); Waterman v. Barclay, 10 Ga. App. 108 (72 S. E. 716).

2. It appears from the allegations of the petition that both notes became due more than six years before the filing of the suit, and, therefore, that the cause of action inhering in each was barred by…

2Cases cited4 opinions

  1. Davis v. BoyettSupreme Court of Georgia · 1904
  2. Echols v. PhillipsSupreme Court of Georgia · 1901
  3. Jackson v. Augusta Southern RailroadSupreme Court of Georgia · 1906
  4. Waterman v. BarclayCourt of Appeals of Georgia · 1911

3Cited by6 opinions

  1. Addington v. Ohio Southern Express, Inc.Court of Appeals of Georgia · 1968
  2. Hamby v. CrispCourt of Appeals of Georgia · 1934
  3. Hollingsworth v. RedwineCourt of Appeals of Georgia · 1946
  4. Marshall v. WalkerCourt of Appeals of Georgia · 1935
  5. Nix v. DavisCourt of Appeals of Georgia · 1962

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