Mell v. Moony
Supreme Court of Georgia
Illegality against a proceeding for the foreclosure of a mortgage on personal property. Tried before his Honor Wm. B. Fleming, in Liberty Superior Court, December Term, 1859. The decision of the Court embodies the facts of this case.
1Opinion of the Court
By the Court
Lumpkin, J.,
delivering the opinion.
Martin D. Moony was a practicing phj'sician in Liberty county, at a place called Taylor’s Creek Union Academy. He sold out to John P. Mell for fifteen hundred dollars, five hundred cash, and a thousand in a note, secured by a mortgage on three negroes. Moony gave Mell his obligation that he would not locate with a view of resuming his profession as physician or surgeon within a circle of thirty miles around, and he promised and agreed to pay to Mell one thousand dollars for a violation of his covenant “ as liquidated and ascertained damages.”
Moony…
2Cases cited3 opinions
- M'Allister v. ReabNew York Supreme Court · 1830
- Dixon v. CuylerSupreme Court of Georgia · 1859
- Robinson v. WilsonSupreme Court of Georgia · 1856
3Cited by12 opinions
- Rakestraw v. LanierSupreme Court of Georgia · 1898
- Bradford & Carson v. Montgomery Furniture Co.Tennessee Supreme Court · 1905
- Arnold v. CarterSupreme Court of Georgia · 1906
- Johnston v. PattersonSupreme Court of Georgia · 1891
- Atlas Auto Finance Company v. AtkinsCourt of Appeals of Georgia · 1949
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