Simmons v. Martin
Supreme Court of Georgia
Contracts. Evidence. Guaranty. Waiver. Before Judge Rice. Gwinnett Superior Court. September Adjourned. Term, 1873. This case is fully reported in the first head-note. The bill therein referred to was dismissed, on motion,- for want of equity, and complainant excepted.
1Opinion of the Court
McCay, Judge.
1. The first question to be settled in this case is the construction of the “receipt,” the collection of which the bill seeks to enjoin. At the reading of it, one almost inevitably concludes it is an acknowledgment by Mr. Simmons that Mrs. Gordon had, on that day, placed in his hands his (Simmons’) notes for $1,663 00, and that he undertook, as her agent, to loan out that sum of money for her benefit, for an indefinite time, to pay her the annual proceeds, and to guarantee the solvency of the notes or fi. fas., into which the money might run. Nor, upon a closer inspection, does…
2Cited by3 opinions
- Illges v. DexterSupreme Court of Georgia · 1886
- Thacker v. StateSupreme Court of Georgia · 1970
- Thacker v. StateSupreme Court of Georgia · 1970