Black v. McBain
Supreme Court of Georgia
Complaint, in Sumter Superior Court. Tried before Judge Allen, at the October Term, 1860. William A. Black instituted an action against fNewnan McBain, to recover the sum of money mentioned in an agreement, of which the following is a copy, to-wit: “ Whereas, Wm. A. Green has hired, from Wm. á..
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Complaint, in Sumter Superior Court. Tried before Judge Allen, at the October Term, 1860. William A. Black instituted an action against fNewnan McBain, to recover the sum of money mentioned in an agreement, of which the following is a copy, to-wit: “ Whereas, Wm. A. Green has hired, from Wm. á.. Black, a negro boy, Ike, and has not yet given any note for the hire of said negro: Now, I promise and agree, and hereby bind myself to pay to said Vm, A. Black, one hundred dollars, by the 25th of December next, for the hire of said negro. N. McBain. _ “ 18th of March, 1857.” On the trial of the…
1Opinion of the Court
JBy the Court.
Lyon, J.,.
delivering the opinion,
Ought the Court to have awarded a non-suit in this case ? We think not. The paper sued upon was the agreement in writing of the defendant to pay the debt of a third person, one Wm. A. Green. Such agreement, by the Act of 19th January, 1852, “is sufficient to maintain an action on the same;, although no consideration may be expressed in the written agreement to do the same.”—See Pam. Acts, p. 243. The Court below, in making this decision, was evidently misled by the compiler’s marginal note, to an Act of February 16, 1856, Pam., page 240, entitled…
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