Legal Opinion

Broughton v. Joseph Lazarus Co.

Court of Appeals of Georgia

Decided August 11, 1913No. 4563PublishedCited by 9 opinions

Complaint; from city court of MeBae — Judge Escbol Graham. September 26, 1912.

1Opinion of the CourtRussell, J.

1. The decision in this ease is controlled by the rulings of this court in Lacey v. Hutchinson, 5 Ga. App. 866 (64 S. E. 105), and Smith v. Hightower, 3 Ga. App. 197 (59 S. E. 593). The notes sued on were unconditional contracts under seal. They recited a consideration, and this put upon the defendant the burden of proving that they were without consideration, which burden she' failed to carry. ' It appeared, from undisputed evidence, that the defendant became a surety, and that indulgence to her principal entered into the consideration of the contract of suretyship. • This was sufficient…

2Cases cited2 opinions

  1. Lacey v. HutchinsonCourt of Appeals of Georgia · 1909
  2. Smith v. HightowerCourt of Appeals of Georgia · 1907

3Cited by9 opinions

  1. Loewenherz v. WeilCourt of Appeals of Georgia · 1925
  2. American Manufacturing Mutual Insurance v. Tison Hog Market, Inc.Court of Appeals for the Eleventh Circuit · 1999
  3. Hornsby v. First National BankCourt of Appeals of Georgia · 1980
  4. McKee v. Hurst & Co.Court of Appeals of Georgia · 1918
  5. Wenke v. NortonCourt of Appeals of Georgia · 1969

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