Tillinghast v. Nourse, Stone & Co.
Supreme Court of Georgia
Suit upon notes in Muscogee Superior Court. Tried before Judge Iverson, May Term, 1853. This action was upon three notes — all dated January 1st, 1845 — one for $300, due at sixty days ; one for $304, due at four months ; and one for $615 T!i0%y. due at six months, and all signed by O. P. Tillinghast and P. J. Tillinghast.
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Suit upon notes in Muscogee Superior Court. Tried before Judge Iverson, May Term, 1853. This action was upon three notes — all dated January 1st, 1845 — one for $300, due at sixty days ; one for $304, due at four months ; and one for $615 T!i0%y. due at six months, and all signed by O. P. Tillinghast and P. J. Tillinghast. Upon each of the said notes was a credit for $28 dated Dec. 16, 1850. The suit was brought in the Superior Court, July, 1852, and a plea of Statute of Limitations filed. The defendants filed interrogatories for the plaintiffs, Nourse, Stone $ Co. inquiring of them as to the…
1Opinion of the Court
By the Oourt.
Lumpkin, J.
delivering the opinion.
This case being called for trial, the plaintiffs announced themselves ready. The defendants having filed interrogatories, to be answered by the plaintiffs, under the Laws of this State, authorizing discovery to be obtained at Common Law, objected to the same, as taken and returned into Court, on two grounds : First, because one of the three plaintiffs, only, had answered. Secondly, because Brooks, who did depose, answered evasively, in this — that while he states that the credit put upon the several notes sued on, was bona fide, consisting, as it…
2Cases cited2 opinions
- Levy v. CadetSupreme Court of Pennsylvania · 1828
- Cox v. BaileySupreme Court of Georgia · 1851
3Cited by4 opinions
- Wilcoxon v. AldredgeSupreme Court of Georgia · 1941
- Rogers v. BurrSupreme Court of Georgia · 1898
- McLin v. HarveyCourt of Appeals of Georgia · 1910
- Smith v. CaldwellCourt of Appeals of South Carolina · 1868