2020 Georgia Code
Title 9 - Civil Practice
Chapter 3 - Limitations of Actions
Article 6 - Revival
§ 9-3-113. Effect of New Promise

Universal Citation: GA Code § 9-3-113 (2020)

A new promise shall revive or extend the original liability; it shall not create a new one.

(Orig. Code 1863, § 2877; Code 1868, § 2885; Code 1873, § 2936; Code 1882, § 2936; Civil Code 1895, § 3790; Civil Code 1910, § 4386; Code 1933, § 3-904.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 51 Am. Jur. 2d, Limitation of Actions, § 301 et seq.

C.J.S.

- 54 C.J.S., Limitation of Actions, §§ 305 et seq., 342, 344, 373.

ALR.

- Revival of debt barred by statute of limitations by realization on security deposited as collateral, 10 A.L.R. 838.

Acknowledgment, new promise, or payment by principal as tolling statute of limitations as against guarantor, 84 A.L.R. 729.

Payment, acknowledgment, or new promise by mortgagor as tolling statute of limitations as against grantee of mortgaged premises, 101 A.L.R. 337.

Restatement of fraudulent statements or reassurance of truth of original statements after other party had actual or constructive knowledge of their falsity as excusing latter's delay in bringing action or asserting counterclaim based thereon, 107 A.L.R. 589.

Bank's application of deposit or right to apply deposit against indebtedness as tolling statute of limitations as regards balance of indebtedness, 107 A.L.R. 1527.

Promise by holder of obligation to extend time for payment or not to press for payment as tolling statute of limitations, 120 A.L.R. 765.

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.

Insurer's admission of liability, offers of settlement, negotiations, and the like, as waiver of, or estoppel to assert, contractual limitation provision, 29 A.L.R.2d 636.

Payment by obligor on note or other instrument containing warrant of attorney to confess judgment as extending time within which power to confess may be exercised, 35 A.L.R.2d 1452.

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