Puffer Manufacturing Co. v. Rivers
Court of Appeals of Georgia
Attachment; from city court of Atlanta — Judge Reid. •The Puffer Manufacturing Company sold to the defendants a soda fount and apparatus for $530, of which sum the defendants paid $25 cash and $25 on delivery of the fount, executing for the balance a series of monthly promissory notes containing the usual clause that, in the event of default in the prompt payment of one note, the holder might at his option elect to treat the entire series as due and collectible.
Read the full summary
Attachment; from city court of Atlanta — Judge Reid. •The Puffer Manufacturing Company sold to the defendants a soda fount and apparatus for $530, of which sum the defendants paid $25 cash and $25 on delivery of the fount, executing for the balance a series of monthly promissory notes containing the usual clause that, in the event of default in the prompt payment of one note, the holder might at his option elect to treat the entire series as due and collectible. The defendants paid $150, and, on their refusal to pay the balance, the plaintiff instituted suit in a justice’s court on the five…
1Opinion of the CourtRussell, J.
We think the court properly ruled in favor of the plea of res judicata. There was one entire contract between the parties, growing out of the purchase of a soda fount and apparatus, and the serial notes merely evidenced the time and manner of payment. When sued on one of the serial notes, it was proper to give in evidence, under a plea of total or partial failure of consideration, that one or more of the notes had been paid. Crouch v. Spooner, 9 Ga. App. 695 (5), (12 S. E. 61). Likewise, it would be relevant to show that there were other notes outstanding, not yet due or paid. The issue,…
2Cases cited5 opinions
- Pittman v. . PittmanSupreme Court of North Carolina · 1890
- Worth v. CarmichaelSupreme Court of Georgia · 1902
- Kennedy v. McCarthySupreme Court of Georgia · 1884
- Kelly & Jones Co. v. MooreSupreme Court of Georgia · 1907
- Crouch & Son v. SpoonerCourt of Appeals of Georgia · 1911
3Cited by5 opinions
- Hankin v. SpilkerDistrict of Columbia Court of Appeals · 1950
- South v. A., B. & C. Railroad Benefit Ass'nCourt of Appeals of Georgia · 1936
- Willingham v. Buckeye Cotton Oil Co.Court of Appeals of Georgia · 1913
- Seaboard Air-Line Railway v. HamiltonCourt of Appeals of Georgia · 1915
- Loganville Banking Co. v. ForresterCourt of Appeals of Georgia · 1915