Chapman v. Skellie
Supreme Court of Georgia
Amendment. Mortgage. Contracts. Evidence. Promissory notes. Before Judge SlMMONS. Crawford Superior Court. March Term, 1879. To the report contained in the decision it is only necessary to add that the note and written instrument which formed the basis of this suit were as follows: -“$30.00. Fort Valley, April nth, 1877. “On November 1st, after date, I promise to pay Cubbedge, Hazleihurst & Co., or order, thirty dollars, at Fort Valley, Ga. Value received.
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Amendment. Mortgage. Contracts. Evidence. Promissory notes. Before Judge SlMMONS. Crawford Superior Court. March Term, 1879. To the report contained in the decision it is only necessary to add that the note and written instrument which formed the basis of this suit were as follows: -“$30.00. Fort Valley, April nth, 1877. “On November 1st, after date, I promise to pay Cubbedge, Hazleihurst & Co., or order, thirty dollars, at Fort Valley, Ga. Value received. If not paid at maturity, to bear interest at the rate of twelve [per centum per annum. (Signed) L. O. Chapman, [l. s.]” • “ (Indorsed to…
1Opinion of the Court
Warner, Chief J ustice.
This was an action brought by the plaintiffs on a promissory note against the defendant for the sum of $30.00, payable to the order of Cubbedge, Hazlehurst & Co., and indorsed by them to the plaintiffs, dated April nth, .1877, and due November 1st after date. There was an *126instrument in writing attached to the plaintiffs’ declaration signed by the defendant, which appears to have been intended as a mortgage to secure the payment of said note, but there was no property specified in it, so as to-make it a valid mortgage. The defendant made a motion to dismiss the…
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