Legal Opinion

Massey v. Electrical Wholesalers, Inc.

Court of Appeals of Georgia

Decided February 16, 1976No. 51790PublishedCited by 11 opinions

1Opinion of the Court

Deen, Presiding Judge.

1. The renewal of a note in order to obtain an extension of time for payment, done with knowledge of defenses such as failure of consideration, works an estoppel to. urge, against the subsequently executed instrument, the defenses of which the maker had knowledge at the time. National Duck Mills v. Catlin & Co., 10 Ga. App. 240, 245 (73 SE 418); Coast Scopitone, Inc. v. Self, 127 Ga. App. 124 (3) (192 SE2d 513).

2. The same rule applies where one who has purchased supplies from another on open account, with knowledge of all the facts, executes a promissory note for the…

2Cases cited2 opinions

  1. Coast Scopitone, Inc. v. SelfCourt of Appeals of Georgia · 1972
  2. National Duck Mills v. Catlin & Co.Court of Appeals of Georgia · 1912

3Cited by11 opinions

  1. Ameagle Contractors, Inc. v. Virginia Supply & Well Co.Court of Appeals of Georgia · 1978
  2. Motz v. Landmark First National BankCourt of Appeals of Georgia · 1980
  3. Berry v. Atlas Metals, Inc.Court of Appeals of Georgia · 1979
  4. Stephens v. Citizens & Southern National BankCourt of Appeals of Georgia · 1984
  5. Citizens Bank, Douglasville v. WixCourt of Appeals of Georgia · 1980

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