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Call Now: 904-383-7448After the dissolution of a partnership, a new promise by one partner shall revive or extend a partnership debt only as to the promisor and not as to his copartner or copartners.
(Ga. L. 1855-56, p. 233, § 26; Code 1863, § 2878; Code 1868, § 2886; Code 1873, § 2937; Code 1882, § 2937; Civil Code 1895, § 3791; Civil Code 1910, § 4387; Code 1933, § 3-905.)
- Effect of dissolution of partnership on existing liability of partners, § 14-8-36.
Petition in action against members of partnership dissolved by discharge in bankruptcy was demurrable (subject to motion to dismiss) when new promise was made by one partner only. Meinhard, Schaul & Co. v. Folsom Bros., 3 Ga. App. 251, 59 S.E. 830 (1907).
Amendment setting forth a new promise by an individual partner, in an action against a partnership, is not germane to original action. Ford v. Clark, 72 Ga. 760 (1884).
Cited in Stone v. Chamberlin & Bancroft, 20 Ga. 259 (1856); First Nat'l Bank v. Ellis, 68 Ga. 192 (1881); Louderback, Gilbert & Co. v. Lilly & Wood, 75 Ga. 855 (1885); First Nat'l Bank v. Cody, 93 Ga. 127, 19 S.E. 831 (1894); Stapler v. Anderson, 177 Ga. 434, 170 S.E. 498 (1933).
- 51 Am. Jur. 2d, Limitation of Actions, §§ 334, 338, 363, 365.
19 Am. Jur. Pleading and Practice Forms, Partnership, § 133.
- 54 C.J.S., Limitations of Actions, §§ 305 et seq., 317 et seq.
- Constitutionality, construction, and application of statute modifying or limiting effect of acknowledgment, payment, or other conditions to toll or extend the period of limitation with respect to mortgage foreclosure, 150 A.L.R. 134.
No results found for Georgia Code 9-3-115.