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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1903 Excerpt: ...31, 32, 33, 34, 41, 44, 45. 596 PAYMENT. 1. A payment to a person who has no power to receive, becomes valid, by a subsequent ratification by the creditor. Dews v. Pickard, 479 2. But where the creditor does not ratify the act of an individual, receiving money for him without authority, but merely assents to receive the liability of a third person, for the payment of the debt due by his debtor, the latter will not be discharged, unless it be expressly agreed to run the risk of the solvency of the person who comes in aid of the debtor, and to discharge the latter, or unless the creditor has thereby received payment of his debt, or has debarred himself from recovering by laches. Ibid. 3. Thus, where M., without any authority from the creditor D., for his own convenience, entered into an arrangement with the debtor P. (his partner,) by which M. assumed the payment of the money due to D, but there was no agreement in relation to this settlement, between P. the debtor, and D. the creditor, and the only evidence of assent shown on his part, was, a charge made by him against M. of the amount of the due bill of P. in an account exhibited for the purpose of submitting all matters between them for arbitration, held, that these facts did not constitute a legal payment of the debt from P. to D. Ibid. 4. Where neither debtor nor creditor has directed the application of the payment made, the Court is vested with the discretion to apply it, according to the justice of the case. Ibid. PENAL CODE OE GEORGIA. See Criminal Law, 2, 3, 7, 8, 9, 10, 20. England, 3. PERJURY. See Criminal Law, 24, 25. Malicious Prosecution, 2. PERSONAL PROPERTY. See Possession, 1. Purchaser, 1. Record, 1. PILOTS AND PILOTAGE. 1. The neglect or refusal of a Pilot to board a vessel, by which damage ...
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Thomas Usher Pulaski Charlton was born in November, 1779 at Camden, South Carolina, United States, the son of Thomas and Lucy (Kenan) Charlton. The elder Thomas was a physician who served both as a surgeon and as a lieutenant of the line in the Revolutionary army. He did not live long after the war, and in 1791 his widow moved to Savannah.
Younger Thomas was educated in Savannah and was admitted to the bar.
In October 1802 Charlton was elected to the state legislature after attaining his majority, and at twenty-five he became attorney-general for the State. He was elected by the general assembly judge of the Eastern circuit in 1807, served until 1811, was again elected in 1821 and served until 1822. In 1804 he published his life of General James Jackson, Revolutionary soldier and statesman, who had been his intimate friend. This is a standard biography, well written, of a prominent figure in early Georgia history. Charlton served as chairman of the committee of public safety during the War of 1812, was a member of the committee which compiled the Georgia statutes in 1825, and for six terms was mayor of Savannah. In 1824 he published his famous work Reports of Cases Argued and Determined in the Superior Courts of the Eastern District of the State of Georgia.
His contemporaries admired him as an orator and held him in high esteem as a judge. His written opinions reflect an independent spirit and a confidence in his own powers of correctly applying abstract principles to concrete cases not always met with in judges of courts of last resort. In the case, Ex parte Paul Grimball, decided in April 1808, he pronounced the unusual doctrine that hard times brought about by governmental action formed good ground for a court of equity to restrain a judgment creditor from selling his debtor’s property.
Frankly admitting that so far as he knew there was no precedent to sustain him (and all subsequent decisions on the subject are against him), he restrained the holder of an execution from selling the defendant’s property because the national Embargo Act had brought about conditions making it impossible for the property to bring its fair value. In sum, he decided that, if during such a time the legislative department failed to do so, courts of equity should, upon proper case made, declare a moratorium, placing his ruling upon the fundamental principle that it was required by equity and good conscience. Startling as the ruling appears to us now there is nothing to indicate that it was regarded as unsound at the time, or that it was adversely criticised. But it may be inferred with reasonable safety that Charlton was not perturbed by the reception his rulings received. Again and again he pronounced judgments he believed to be unpopular, and in his opinions are to be found many such expressions as: “If this act . .. (is) . .. unconstitutional I shall say so, and at the same time feel perfectly tranquil under the clamour of the consequences which may result” and “I am aware of the sensations this opinion may produce. . .. I have obeyed only the principles of the law. ”
Thomas Usher Pulaski Charlton had a distinguished career as a politician, jurist, and writer. He was chiefly remembered as the compiler of the first volume of Georgia court decisions entitled "Reports of Cases Argued and Determined in the Superior Courts of the Eastern District of the State of Georgia" (1824).
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Charlton married twice: first, Emily, a daughter of Thomas Walter, well-known South Carolinian and author of the botanical work Flora Caroliniana; and second, Ellen Glasco.
