Bohannon v. Jones
Supreme Court of Georgia
Assumpsit, in Dooly Superior Court. Tried before Judge Lamar, at April Term, 1860. This was an action brought by the plaintiff in error against the administratrix of Andrew J. Shine, deceased, upon an alleged promise of Andrew J., made in his lifetime, to pay the amount due on a certain fi. fa., under the circumstances hereinafter developed by the evidence of the plaintiff. . On the trial, the plaintiff put in evidence the following facts: Said Bohannon being Sheriff of…
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Assumpsit, in Dooly Superior Court. Tried before Judge Lamar, at April Term, 1860. This was an action brought by the plaintiff in error against the administratrix of Andrew J. Shine, deceased, upon an alleged promise of Andrew J., made in his lifetime, to pay the amount due on a certain fi. fa., under the circumstances hereinafter developed by the evidence of the plaintiff. . On the trial, the plaintiff put in evidence the following facts: Said Bohannon being Sheriff of Dooly county, levied a fi. fa. in favor of J. B. and W. A. Ross vs. Jacob Slappy, for the principal sum of $86 00, besides…
1Opinion of the Court
By the Court.
Lyon, J.,
delivering the opinion.
The judgment of non-suit awarded by the Court below, was put on two grounds: 1st. That the promise of Shine to pay this debt was within the Statute of Frauds, being a promise, not in writing, to pay the debt of a third person. 2d. That the agreement ivas against public policy, and therefore void.
If the plaintiff had relied for a recovery on the first agreement made between Shine and himself, wherein Shine prom*490ised to pay the debt, if he, the plaintiff, would not, as sheriff, sell Slappy’s horse for its payment, then the Court would have been right,…
2Cited by2 opinions
- Coldwell Co. v. CowartSupreme Court of Georgia · 1912
- Mize v. MashburnCourt of Appeals of Georgia · 1910