Few v. Hilsman
| Citation | 89 S.E. 79,18 Ga.App. 207 |
| Decision Date | 31 May 1916 |
| Docket Number | 6979. |
| Parties | FEW v. HILSMAN. |
| Court | Georgia Court of Appeals |
Syllabus by the Court.
Any promise to answer for the debt, default, or miscarriage of another, to be binding on the promisor, must be in writing. Civil Code 1910, § 3222. Considering only the evidence in behalf of the plaintiff, the testimony was insufficient to show a novation by which the defendant was substituted for the plaintiff's debtor, and that the plaintiff accepted him in lieu of the original debtor; for there was no testimony that the plaintiff agreed to release the original debtor, but, on the contrary, the original debtor was one of the defendants in this case. An oral promise to pay the debt of another from funds belonging to the debtor in the hands of the promisor is not, for that reason, any more enforceable than if the promisor agreed to discharge the debt with his own money.
The trial judge corectly held that the evidence in behalf of the plaintiff failed to establish an original undertaking on the part of the defendant; and the judge of the superior court therefore did not err in overruling the certiorari.
Error from Superior Court, Morgan County; J. B. Park, Judge.
Action by M. C. Few against J. H. Hilsman. From judgment for defendant, plaintiff brings error. Affirmed.
Percy Middlebrooks, of Madison, for plaintiff in error.
Judgment affirmed.
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Lewis v. Storch, 44332
...unless the first note be given up, or there be an agreement that the note of the third person is taken in satisfaction.' In Few v. Hilsman, 18 Ga.App. 207, 89 S.E. 79 a claimed novation was held not to ahve occurred 'for there was no testimony that the plaintiff agreed to release the origin......
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Butler v. Godley
... ... 3. In ... order to bind the promisor, any promise to answer for the ... debt of another must be in writing, signed by the party to be ... charged therewith, or some person by him lawfully authorized ... Code 1933, § 20-401, subd. 2; Few v. Hilsman, 18 ... Ga.App. 207, 89 S.E. 79; Bedingfield v. Lamb, 19 ... Ga.App. 486, 91 S.E. 793. In order to bind the promisor, the ... written promise of one who undertakes to pay the debt of ... another must contain a clear statement of the agreement, ... indicate knowledge of the amount promised to ... ...
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Butler v. Godley
...signed by the party to be charged therewith, or some person by him lawfully authorized. Code 1933, § 20-401, subd. 2; Few v. Hilsman, 18 Ga. App. 207, 89 S. E. 79; Beding-field v. Lamb, 19 Ga. App. 486, 91 S. E. 793. In order to bind the promisor, the written promise of one who undertakes t......
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Loftis Plumbing & Heating Co. v. American Surety Co. of New York
... ... 773; Scott v ... Ward, 22 Ga.App. 680, 97 S.E. 207; Acree v ... Kay, 188 Ga. 783, 4 S.E.2d 820. However, before there ... can be a novation of debtors, the original debtor must be ... released. If the original debtor is not released, there is no ... novation of debtors. Few v. Hilsman, 18 Ga.App. 207, ... 89 S.E. 79. Also, see Didschuneit v. Enochs Lumber [74 ... Ga.App. 594] & Manufacturing Co., 42 Ga.App. 527(3), 156 ... S.E. 720, and citations. 'The mere assumption of a debt ... by a third party is not sufficient, but it is essential that ... an intention to release the ... ...