Young v. Dublin Fertilizer Works
Court of Appeals of Georgia
Complaint; from city court of Dublin — Judge Hicks. October 19, 1914. The agreed statement of facts was as follows: “That the plaintiffs, in 19Í1, sold to E. Young fertilizer on a week day, Young giving his note for the same; that when the note became due in 1911, Young being unable to pay, the plaintiffs agreed to an extension if Young would give a new note with Graham as security; the agreement to extend payment was made on a week-day, and, upon Young’s agreement to have…
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Complaint; from city court of Dublin — Judge Hicks. October 19, 1914. The agreed statement of facts was as follows: “That the plaintiffs, in 19Í1, sold to E. Young fertilizer on a week day, Young giving his note for the same; that when the note became due in 1911, Young being unable to pay, the plaintiffs agreed to an extension if Young would give a new note with Graham as security; the agreement to extend payment was made on a week-day, and, upon Young’s agreement to have Graham sign the note, plaintiffs sent the old note to M. C. Carter, of Scott, Georgia, who was the agent and…
1Opinion of the CourtBroyles, J.
The plea that the note sued on was void because executed on Sunday was not sustained by the evidence. Brom the agreed statement of facts it appears that although the note was signed by the principal maker on Sunday, it was not signed by the surety or delivered to the payee or to any one for the payee until afterward, on a week-day; and it appears that it was not for a debt contracted on Sunday, but was in renewal of a note for fertilizer sold on a week-day. Delivery is essential to the validity of a promissory note, and a note signed on Sunday but not delivered on that day is not a contract…
2Cases cited3 opinions
- Reese v. Fidelity Mutual Life Ass'nSupreme Court of Georgia · 1900
- McAuliffe v. VaughanSupreme Court of Georgia · 1911
- Jones v. Belle IsleCourt of Appeals of Georgia · 1913
3Cited by1 opinion
- Thompson v. Bank of ChatsworthCourt of Appeals of Georgia · 1923