Legal Opinion

Stewart v. Johnson

Court of Appeals of Georgia

Decided September 23, 2004No. A04A1010, A04A1023PublishedCited by 9 opinions

1Opinion of the Court

Miller, Judge.

In these consolidated cases, John Benjamin Stewart, Jr. appeals from a grant of summary judgment to Howard E. Johnson and Mark McCullers (“the noteholders”) regarding money owed under seven promissory notes executed by Stewart. Stewart argues that a material issue of fact exists as to whether the noteholders released him from his obligations under the notes. We disagree and therefore affirm.

The undisputed evidence showed that on May 2, 2001, an authorized agent of Stewart signed a promissory note agreeing to repay principal and interest to Johnson in exchange for $750,000.…

2Cases cited8 opinions

  1. Rubin v. Cello Corp.Court of Appeals of Georgia · 1998
  2. Reece v. Chestatee State BankCourt of Appeals of Georgia · 2003
  3. Zeller v. Home Federal Savings & Loan Ass'nCourt of Appeals of Georgia · 1996
  4. Sadler v. Trust Co. BankCourt of Appeals of Georgia · 1986
  5. Vandegriff v. HamiltonCourt of Appeals of Georgia · 1999

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3Cited by9 opinions

  1. Collins v. Regions BankCourt of Appeals of Georgia · 2006
  2. Newton v. SibleyCourt of Appeals of Georgia · 2005
  3. Browning v. Alan Mullinax & Associates, P.C.Court of Appeals of Georgia · 2007
  4. Johnson v. Flatau (In Re Stewart)United States Bankruptcy Court, M.D. Georgia · 2005
  5. Pettie v. Ringo (In re White)United States Bankruptcy Court, N.D. Georgia · 2016

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