Hunt v. Burk

Decided March 15, 1857

Supreme Court of Georgia · decided 1857-03-15

Assumpsit, from Cass Superior Court. Decision by Judge Thippe, at March Term, 1857. This was an action of assumpsit, by Frederick S. S.- Hunt, against John W. Burk, to recover back the sum of five hundred dollars paid by Hunt to Burke, under the following state of facts agreed to by counsel for the parties.

Good law ✅— No negative treatment on recordhow we know

Decided 1857-03-15

How this case has been cited

Cited by 5 later decisions — most recently April 1977

5 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1By the Court.

McDonald, J.

¶2delivering the opinion.

¶3If the plaintiff had a right to recover back the money from the defendant on the assignment of the printing contract, it Avas on the ground that that contract Avas illegal, as the assignment imposed no liability on the assignor, but was sim*131ply a transfer of the claim. There is no proof of fraud in. the sale, and by the agreed evidence in the case, it was without liability on the part of the assignor. The right of action accrued to the plaintiff immediately on the payment of the money, if the contract was illegal, it being on that hypothesis alone, that he could be liable at all. To this action the statute bar is four years, and that time having run, the right of action was barred at the time the suit was instituted..

¶4Judgment, affirmed.