Legal Opinion

Gartrell v. Linn

Supreme Court of Georgia

Decided January 27, 1888PublishedCited by 19 opinions

Gertiorari. Practice in Superior Court. Promissory Notes. Statute of Limitations. Statute of Frauds. Before Judge Simmons. Bibb Superior Court. April Adjourned Term, 1887. Reported in the decision.

1Opinion of the Court

Lumpkin, Judge.

Linn brought suit in the justice’s court against Gartrell, January 18, 1886, on a promissory note dated November 28, 1878, and due thirty days after its date. The defendant pleaded' the statute of limitations, and to avoid this plea, > plaintiff introduced a letter from the defendant, which he claimed was, under section 2985 of the code, such a written acknowledgment of the defendant’s liability as was equivalent to a new promise to pay the note.

The following is a copy of the letter:

“Macon, August 5, 1885.
“ Friend Charlie :

Yours of 3d, instant received. You remember while here…

2Cases cited3 opinions

  1. Martin v. BroachSupreme Court of Georgia · 1849
  2. Sedgwick v. GerdingSupreme Court of Georgia · 1875
  3. Walker v. GriggsSupreme Court of Georgia · 1861

3Cited by19 opinions

  1. Battle v. StateSupreme Court of Georgia · 1897
  2. Hopkins v. Southern Railway Co.Supreme Court of Georgia · 1900
  3. Knowles v. CoachmanSupreme Court of Georgia · 1899
  4. Kleis v. McGrathSupreme Court of Iowa · 1905
  5. Liberman v. GurenskyWashington Supreme Court · 1902

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