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32 Ga. 28

Dean v. Munroe

Supreme Court of Georgia

Decided January 15, 1861

Supreme Court of Georgia · decided 1861-01-15

Action on a promissory note, in Bibb Superior Court. Tried before Judge Iverson L. Harris, at the May Term, 1860.

Cited by 1 later decisions — most recently February 1882

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1861-01-15

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¶1By the Court

Jenkins, J.,

¶2delivering the opinion.

¶3The principal question in this case is, whether a promise made by the maker of a promissory note, is sufficient to take the case out of the Statute of Limitations, as against the indorser.

¶4This question was elaborately argued, and upon great deliberation decided by this Court, at the Savannah term, in June, 1860, the case being still unpublished.

¶5The Court held, in that case, that the qew promise of the maker was not sufficient to take the case out of the Statute as against the indorser. To that decision we adhere.

¶6The only other question in this case grew out of a new promise made by the indorser himself; but the record shows that that promise, as well as the orignal undertaking, was barred by the Statute.

¶7We, hold, therefore, that the Court below erred in admitting the note in evidence, and that there was error in the final judgment, which is reversed.

¶8Judgment reversed.

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