Green v. Juhan
Supreme Court of Georgia
Statute of limitations. New promise. Promissory notes. Principal and agent. Principal and surety. Before Judge Lawson. Jones Superior Court. October Term, 1880. Juhan, as surviving partner of Juhan & Clower, brought suit to the October term, 1879, of Jones superior co rt, in the ordinary form of complaint, against William M Green and John C. Green, on a note madebythem, dated March 24th, 1873, and due one day after date, for $814.35, payable to Juhan & Clower, or bearer.
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Statute of limitations. New promise. Promissory notes. Principal and agent. Principal and surety. Before Judge Lawson. Jones Superior Court. October Term, 1880. Juhan, as surviving partner of Juhan & Clower, brought suit to the October term, 1879, of Jones superior co rt, in the ordinary form of complaint, against William M Green and John C. Green, on a note madebythem, dated March 24th, 1873, and due one day after date, for $814.35, payable to Juhan & Clower, or bearer. The declaration was filed in the clerk’s office of the superior court September 30th, 1879. The note sued on was indorsed…
1Opinion of the Court
Jackson, Chief Justice.
This suit was brought on a promissory note against William M. and John C. Green. John C. filed a plea to the effect that he was only surety, and that the note as to him was barred by the statute of limitations. If he made no new promise in writing, or did anything equivalent thereto under the law, as the note had been due on its face-more than six years, the statute barred the suit as to him, no matter what William M. Green had done to renew the promise. Code, §2938. The question then is, what did he, John C. Green, do to renew the vitality of the note, and is it…
2Cases cited2 opinions
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