Moultrie v. Hoge

Decided January 15, 1857

Supreme Court of Georgia · decided 1857-01-15

Debt, in Bibb Superior Court. Tried before Judge Powers, at May Term, 1856. This was an action of debt brought by John S. Hoge, as the owner and holder of two hundred and fifty-four dollars of the bills of the Commercial Bank of Macon, against the Directors of said Bank.

Decided 1857-01-15

¶1By the Court.

Benning J.

¶2delivering the opinion.

¶3The Court below, was requested to charge, among other things, this : “ That by the expiration of the charter of said bank, on the first day of January 1852, said plaintiff’s cause of aótion became extinguished, and he could not recover.”

¶4Ought the Court to have charged it ? This is the only question decided by this Court, and the decision is, that the Court ought to have charged it.

¶5My reasons for being in favor of this decision, are to be found, fully stated, in Moultrie, et al. vs. Smiley & Neal, 16 Ga. Rep., p. 339, and in Robison vs. Lane, 19 Ga. Rep. 337, they therefore, need not be repeated here.

McDonald, J. concurred.