Wheaton v. Ansley
Supreme Court of Georgia
Contracts. Debtor and Creditor. Charge of Court. Practice in Superior Court. Before Judge Roney. Lee Superior Court. March Term, 1883. Wheaton proceeded to foreclose a mortgage against Ansley at the March Term, 1882, of Lee superior court. The defendant pleaded the general issue.
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Contracts. Debtor and Creditor. Charge of Court. Practice in Superior Court. Before Judge Roney. Lee Superior Court. March Term, 1883. Wheaton proceeded to foreclose a mortgage against Ansley at the March Term, 1882, of Lee superior court. The defendant pleaded the general issue. The case came on for trial at the March term, 1883, and defendant amended his plea by alleging, in brief, as follows : Defendant was the agent of plaintiff to sell guano; he charged defendant with having collected and appropriated to his own use the amount stated in the mortgage, and threatened to i^rose-cute him…
1Opinion of the Court
Jackson, Chief Justice.
1. The law of this case is ruled in the case of Goodwin et al. vs. E. W. Crowell, agent.* That was a suit on a promissory note, and the defence was that it was given to settle a criminal prosecution, where Godwin as agent had collected the amount for which the note was given for a fire insurance company in premiums, demand was made for the money and he failed to pay it, and the books of the company were taken out of his hands. A few days before the note was given, the agent of the plaintiff told Godwin that he would give him a short time to pay or give his note for what…
2Cases cited1 opinion
- Godwin v. CrowellSupreme Court of Georgia · 1876
3Cited by6 opinions
- Jones v. Dannenberg Co.Supreme Court of Georgia · 1900
- Lucas v. CastelowCourt of Appeals of Georgia · 1911
- Continental Fertilizer Co. v. MaddenSupreme Court of Georgia · 1913
- Cook v. Hightower & SonCourt of Appeals of Georgia · 1912
- Commercial Credit Co. v. FryCourt of Appeals of Georgia · 1924
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