55 Ga. 264 | Ga. | 1875
This was an action brought by the plaintiff against the defendant on an open account for the sum of §447 97 with a
1st. The draft referred to in the defendant’s letter did not purport to be a draft given in liquidation of the account sued on, or as having any connection with it; besides, the letter did not state for what consideration the draft was drawn, or whether there was any consideration for it, nor when the same was payable. The statement in the letter was too indefinite to take the account sued on out of the operation of the statutory bar of four years, or to authorize the plaintiff to maintain a suit thereon, even if there had been any consideration stated for which the draft was drawn.
2d. It appears from the evidence in the record that the defendant was an unmarried man, doing a mercantile business in the town of Eatonton, Putnam county; that he was absent from the state from April or May, 1870, to September or October, 1871, on a visit to his parents, relatives and friends in
Let the judgment of the court below be affirmed.