Southern Fertilizer & Chemical Co. v. Carter
Court of Appeals of Georgia
Mortgage foreclosure; from city court of Baxley — Judge Sellers. September 21, 1916.
1Opinion of the CourtBloodworth, J.
1. Where an agent sold guano to a person who could neither read nor write, and afterwards went to the home of the purchaser, and “it was nearly night when he came up in his car, and he did not stay but a little while,” and the agent told the purchaser he “had come t<j get him to sign the guano note,” and thus secured his mark to a note in which was embraced a mortgage on the crop, of which latter fact the agent did not apprise the purchaser, this was such a fraud as, when properly pleaded and proved, would relieve the purchaser of liability under the mortgage, it not appearing that there was…
2Cases cited8 opinions
- Wood v. Cincinnati Safe & Lock Co.Supreme Court of Georgia · 1895
- Hansford v. FreemanSupreme Court of Georgia · 1896
- McBride & Co. v. Macon Telegraph Publishing Co.Supreme Court of Georgia · 1897
- Chapman & Son v. Atlanta Guano Co.Supreme Court of Georgia · 1893
- Angier v. BrewsterSupreme Court of Georgia · 1882
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Cole v. CatesCourt of Appeals of Georgia · 1966
- National Life & Accident Ins. v. GoolsbyCourt of Appeals of Georgia · 1955
- Lee v. LovelandCourt of Appeals of Georgia · 1931
- Simmons v. WootenSupreme Court of Georgia · 1978
- Gaulden v. StateCourt of Appeals of Georgia · 1930
3 more not listed; retrieve them via the Exa API.