Stallings v. Johnson
Supreme Court of Georgia
Complaint, in Floyd Superior Court. Tried before Judge Hammond, February Term, 1859. This was-action by Solomon Stallings, endorsee, against A. T. Harden maker, and Riley J. Johnson endorser, of a promissory note for $1,000, dated 3d June, 1854, and payable 25th December, 1855. The note was signed by Harden, as maker, and endorsed by Johnson, who was the payee.
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Complaint, in Floyd Superior Court. Tried before Judge Hammond, February Term, 1859. This was-action by Solomon Stallings, endorsee, against A. T. Harden maker, and Riley J. Johnson endorser, of a promissory note for $1,000, dated 3d June, 1854, and payable 25th December, 1855. The note was signed by Harden, as maker, and endorsed by Johnson, who was the payee. It appeared that about the time the note fell due, Stallings, then the holder and endorsee, agreed with Harden, the maker, that if he would pay him 8 per cent, over and above the legal interest, that he would not bring suit on said…
1Opinion of the Court
By the Court.
Benning J.
delivering the opinion.
The questions in this case may all be reduced to this one, was the charge right? The charge was as follows: “ that if Stallings entered into an agreement, to wait with Plarden twelve months, and did wait, and Plarden, in the meantime, became insolvent, and by reason of the delay, the endorser, was injured, then he was released.”
This charge, of course had reference to the agreement shown by the evidence. The agreement shown by the evidence was, in substance as follows; Stallings, the holder of the note, promised Harden, to wait with him twelve…
2Cited by10 opinions
- Benson v. PhippsTexas Supreme Court · 1895
- Hanley v. Savannah Bank & Trust Co.Supreme Court of Georgia · 1952
- State v. MarianoSupreme Court of Rhode Island · 1914
- Tanner v. GudeSupreme Court of Georgia · 1897
- Johnson v. JohnsonSupreme Court of Georgia · 1887
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