Dendy v. Gamble & Copeland
Supreme Court of Georgia
Principal and security. Contracts. Pleadings. Before Judge Crawford. Harris Superior - Court. April Term, 1877. It is but necessary to state that 'the only plea filed in this case commenced as follows: “And now comes the defendant, C. L. Dendy, and says that tbe said plaintiffs ought not to have or maintain their said action against him, because he says that lie is not indebted to them as charged in said writ, although he admits that he signed the note sued on, under the…
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Principal and security. Contracts. Pleadings. Before Judge Crawford. Harris Superior - Court. April Term, 1877. It is but necessary to state that 'the only plea filed in this case commenced as follows: “And now comes the defendant, C. L. Dendy, and says that tbe said plaintiffs ought not to have or maintain their said action against him, because he says that lie is not indebted to them as charged in said writ, although he admits that he signed the note sued on, under the eirumstances and conditions hereinafter stated, on account of which, in justice and equity, he ought not to be required to…
1Opinion of the Court
Bleckley, Judge.
1. The plea contained much irrelevant matter. It entered into a lengthy course of details to show that the account for which the note was given was the sole and separate debt of the principal. The note itself implies that, for it is signed by one of the makers as principal and the other as surety. The pertinent allegations of the plea were that, on being requested by the plaintiffs to sign a note jointly with the principal for the amount of the account, the surety declined to do so, “ but said, at the same time, that he would sign the note as security, merely to encourage said…
2Cited by15 opinions
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- Weintraub v. COBB BANK & TRUST COMPANYSupreme Court of Georgia · 1982
- Milan Bank v. RichmondSupreme Court of Missouri · 1911
- Pulliam v. Merchants & Miners State BankCourt of Appeals of Georgia · 1924
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