Paul v. Thompson
Supreme Court of Georgia
Complaint. Before Judge Reid. City court of Atlanta. - October 21, 1902. Paul contracted with Thompson for the purchase of certain realty, agreeing to pay therefor $10,000 in three payments: $2,500 on or before April 12, 1901, $5,000 on July' 1, 1901, and $2,500 within a year thereafter.
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Complaint. Before Judge Reid. City court of Atlanta. - October 21, 1902. Paul contracted with Thompson for the purchase of certain realty, agreeing to pay therefor $10,000 in three payments: $2,500 on or before April 12, 1901, $5,000 on July' 1, 1901, and $2,500 within a year thereafter. He paid $100 upon the signing of an option, $200 on April 12, $2,200 on May 2, and $5,000 on July 1,1901. This suit was brought in November, 1901, by the wife of Paul, alleging that $3,300 of the money so paid to Thompson was her money, and was received by him with actual and constructive notice of this fact.…
1Opinion of the CourtSimmons, C. J.
1. In a suit by a wife to recover money paid by her husband to a third party in settlement of debts of the husband, evidence as to conversations between the defendant and the husband and statements of the husband to the defendant that the money was his is admissible on the question of notice to the defendant of the wife’s ownership.
2. No material error of law was committed, and the evidence authorized a finding by the judge, who tried the case without the intervention of a jury, that the defendant had no notice of the wife’s claims to the money paid by the husband. Judgment affirmed.
By five…
2Cases cited16 opinions
- Laing v. Mayor of AmericusSupreme Court of Georgia · 1891
- Humphrey v. CopelandSupreme Court of Georgia · 1875
- McCrory v. Grandy & SonSupreme Court of Georgia · 1893
- Nelms v. KellerSupreme Court of Georgia · 1898
- White v. StockerSupreme Court of Georgia · 1890
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3Cited by1 opinion
- New York Life Ins. Co. v. SeighmanCourt of Appeals for the Sixth Circuit · 1944