Smith v. Belk

Supreme Court of Georgia

Smith v. Belk

40 Ga. 656

DecidedDecember 15, 1869

StatusPublished

This text of 40 Ga. 656 (Smith v. Belk) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Smith v. Belk, 40 Ga. 656 (Ga. 1869).

Pincite

Opinion

Brown, C. J.

1. 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.

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

Judgment affirmed.

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Brown, C. J.

1. 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.

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

Judgment affirmed.

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Bluebook (online)

40 Ga. 656, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-belk-ga-1869.