Taylor v. American Freehold Land Mortgage Co. of London Ltd.
Supreme Court of Georgia
Assumpsit. Before Judge Spence. Lee superior court. January 14, 1898. Mrs. Taylor executed a promissory note dated January 25, 1884, and due December 1, 1888, payable at the office of the Corbin Banking Company in New York City, to the order of J. K. O. Sherwood, for $6,000 principal, with interest at eight per cent, per annum from date, payable annually, as per five interest notes thereto attached, and interest on both the principal sum and the interest notes from maturity…
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Assumpsit. Before Judge Spence. Lee superior court. January 14, 1898. Mrs. Taylor executed a promissory note dated January 25, 1884, and due December 1, 1888, payable at the office of the Corbin Banking Company in New York City, to the order of J. K. O. Sherwood, for $6,000 principal, with interest at eight per cent, per annum from date, payable annually, as per five interest notes thereto attached, and interest on both the principal sum and the interest notes from maturity at the same rate. The principal note also provided for the payment of all cost of collection, including ten per cent, on…
1Opinion of the CourtCobb, J.
1. It appears from the evidence that E. Taylor jwned certain lands, that he gave a mortgage on the same to Thomas, and that after the execution of this mortgage Taylor conveyed the lands to his wife. All of the money borrowed by Mrs. Taylor and which was the consideration of the note sued on, except what was used to pay for commissions and insurance, was applied to the payment of the Thomas mortgage. Mrs. Taylor claims in her plea that this was such an assumption of the debt of her husband as to render her promise void. That such a transaction is valid and binding upon the wife w;as held in…
2Cases cited9 opinions
- Myers v. StateSupreme Court of Georgia · 1895
- Merck v. American Freehold Land Mortgage Co. of London, Ltd.Supreme Court of Georgia · 1887
- Jackson v. American Mortgage Co. of Scotland, Ltd.Supreme Court of Georgia · 1892
- Daniel v. RoyceSupreme Court of Georgia · 1895
- Boardman v. TaylorSupreme Court of Georgia · 1881
4 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Federal Deposit Insurance Corporation, as Liquidator for the Hamilton National Bank of Chattanooga v. Lattimore Land CorporationCourt of Appeals for the Fifth Circuit · 1981
- Vizard v. MoodySupreme Court of Georgia · 1904
- Byrd v. Equitable Life Assurance SocietySupreme Court of Georgia · 1938
- McRitchie v. Atlanta Trust Co.Supreme Court of Georgia · 1930
- Lowenstein v. MeyerSupreme Court of Georgia · 1902
14 more not listed; retrieve them via the Exa API.