Mosely v. Walker
Supreme Court of Georgia
Judgments. Contracts. Practice. Mortgages. Landlord and tenant. Election. Before Judge Boynton. Henry superior court. April term, 1889. Walker filed his petition, in the ordinary short form, against W. T. Mosely and N. H. Mosely, alleging that they were indebted to him stated amounts of principal and interest on a promissory note, a copy of which was annexed, which they refused to pay.
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Judgments. Contracts. Practice. Mortgages. Landlord and tenant. Election. Before Judge Boynton. Henry superior court. April term, 1889. Walker filed his petition, in the ordinary short form, against W. T. Mosely and N. H. Mosely, alleging that they were indebted to him stated amounts of principal and interest on a promissory note, a copy of which was annexed, which they refused to pay. The note sued on was signed by both the defendants, dated Eebruary 8, 1878, and by it defendants agreed, they or either of them, to pay Chas. Walker or bearer by November 1, 1878, $600 for value received. ' It…
1Opinion of the Court
Bleckley, Chief Justice.
1. The absolute promise to pay $600 on the first of November, 1878, was not qualified in any way by the subsequent provisions of the instrument. The conditional undertaking to render 2,000 .pounds of cotton as rent, was no defeasance upon the antecedent undertaking to pay money, but was a stipulation to do more than pay the money — that is, to pay rent in addition to the agreed rate of interest, which was twelve per cent., or if not in addition, in lieu of the interest. At any ordinary price for cotton, 2,000 pounds of that article would be worth much less than the…
2Cases cited1 opinion
- Craig v. Herring & TurnerSupreme Court of Georgia · 1888
3Cited by3 opinions
- Strickland v. Citizens National BankCourt of Appeals of Georgia · 1914
- Koch v. BrockhanSupreme Court of Georgia · 1900
- Wilbanks v. SmithCourt of Appeals of Georgia · 1926