Hargroves v. Cooke
Supreme Court of Georgia
Assumpsit, in Jackson Superior Court. Decision by Judge Jackson, February Term, 1854. On the 25th December, 1847, H. S. Butler gave the fol-Joying guaranty: Mr. Charles Cooke, Sir—After my compliments to you, you will please to' let Nash Butler have a small stock of such clothing as he wants, and I will see it paid. (Signed,) H. S. BUTLER.
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Assumpsit, in Jackson Superior Court. Decision by Judge Jackson, February Term, 1854. On the 25th December, 1847, H. S. Butler gave the fol-Joying guaranty: Mr. Charles Cooke, Sir—After my compliments to you, you will please to' let Nash Butler have a small stock of such clothing as he wants, and I will see it paid. (Signed,) H. S. BUTLER. On the 4th January, 1850, he executed the following : I, Henry -S. Buttler, hereby engage to become security, and do hereby become security and guarantee, for the full and just payment of all dues, debts, demands and contracts, made between E. N. Butler and…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
[1.] It is now, undoubtedly, law in England, that under 29 Car. 2 C. 3, S. 4, to charge a party upon a special promise to answer for the debt of another, there must be a written agreement or memorandum thereof, which will not be valid unless it shows a consideration. It is true, that the consideration need not be expressly and formally stated, but it must, at least, appear clear and without ambiguity. James vs. Williams, (5 B. & Ad. 1109.) (27 E. C. L. R. 280.) Cole vs. Dyer, (1 Cr. & J. 461.) (S. C. 1 Tyrwhitt’s R. 304.)
[2.] In the first of…
2Cited by38 opinions
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- Redmond & Co. v. Atlanta & Birmingham Air-Line RailwaySupreme Court of Georgia · 1907
- Ryan v. Progressive Retailer Publishing Co.Court of Appeals of Georgia · 1915
- Turner v. Lorillard Co.Supreme Court of Georgia · 1897
- Greenlee v. MosnatSupreme Court of Iowa · 1902
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