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40 Ga. 656

Smith v. Belk

Supreme Court of Georgia

Decided December 15, 1869

Supreme Court of Georgia · decided 1869-12-15

Relief Act. Before Judge Johnson. Marion Superior Court. September Term, 1869. Joseph Belk et al., as executors of Joseph Belk, sued Smith upon his promissory notes, made the 26th of March, 1866.

Decided 1869-12-15

Brown, C. J.

¶11. A note given in 1866 in renewal of a former note for a debt due prior to June, 1865, is a new contract, and is'not embraced in the Act known as tbe Relief law of 1868. And it was not error in the Court below to order the pleas filed under the Relief Act stricken, if they do not contain matter good as a defense under the laws applicable to contracts made since June, 1865.

¶22. The plea of tender in this case was insufficient under the law applicable to the case.

¶3Judgment affirmed.

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