Legal Opinion

Ullman v. Brunswick Title Guarantee & Loan Co.

Supreme Court of Georgia

Decided August 12, 1895PublishedCited by 33 opinions

Petition for injunction. Before Judge Sweat. Glynn county. February 26, 1895. Max Ullman died in May, 1893, and his widow qualified as his executrix in February, 1894. On April 1, 1898, he had given to the Brunswick Title Guarantee & Loan Co. a note for $460 principal, due four months after date.

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Petition for injunction. Before Judge Sweat. Glynn county. February 26, 1895. Max Ullman died in May, 1893, and his widow qualified as his executrix in February, 1894. On April 1, 1898, he had given to the Brunswick Title Guarantee & Loan Co. a note for $460 principal, due four months after date. The note recites that he has deposited with ■said company, to secure the payment of this note or any •other liability of him to the company due or to become due, twenty shares of fully paid stock in said company, representing that he has full power to pledge such collateral, and constituting the…

1Opinion of the Court

Simmons, Chief Justice.

1. The only cases in which person's are incompetent to testify in the courts of this State, as to transactions or communications with deceased persons, are those specified in the act of October 29, 1889, amendatory of section 3854 of the code. Subsection (c) of the act deals with suits instituted or defended by a corporation, and declares that in such cases “the opposite party shall not be admitted to testify in his own behalf to transactions or communications solely with a deceased or insane officer or agent of the corporation and not also with surviving and sane…

2Cases cited3 opinions

  1. Colley v. Gate City Coffin Co.Supreme Court of Georgia · 1893
  2. Lathrop & Co. v. BbownSupreme Court of Georgia · 1880
  3. Cully v. Bloomingdale, Rhine & Co.Supreme Court of Georgia · 1882

3Cited by33 opinions

  1. In re Will of BruendlWisconsin Supreme Court · 1899
  2. Bromley v. BromleyCourt of Appeals of Georgia · 1962
  3. Holston v. Southern Railway Co.Supreme Court of Georgia · 1902
  4. Backer v. City Bank & Trust Co.Supreme Court of Georgia · 1935
  5. Luthersville Banking Co. v. HopkinsCourt of Appeals of Georgia · 1913

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