Legal Opinion

Levy v. Miles F. Bixler Co.

Court of Appeals of Georgia

Decided August 3, 1917No. 8720PublishedCited by 4 opinions

Complaint; from Jenkins superior court—Judge Henry C. Hammond. March 13, 1917.

1Opinion of the Court

Broyles, P. J.. 1. “One who signs an instrument written by the opposite party at interest therein, without reading it, when he is capable of doing so, can not afterwards set up fraud in the procurement of his signature thereto, when no trick or artifice was resorted to for the purpose of inducing him to thus sign it, and it was not signed under any emergency requiring haste in its execution.” Rounsaville v. Leonard Mfg. Co., 127 Ga. 735 (2) (56 S. E. 1030) ; Sloan v. Farmers & Merchants Bank, 20 Ga. App. 123 (92 S. E. 893). Under this ruling the court did not err in striking that paragraph of…

2Cases cited4 opinions

  1. Oklahoma Vinegar Co. v. Carter & FordSupreme Court of Georgia · 1902
  2. Rounsaville & Brother v. Leonard Manufacturing Co.Supreme Court of Georgia · 1907
  3. Sloan v. Farmers & Merchants BankCourt of Appeals of Georgia · 1917
  4. Linder v. Cole Bros. Lightning-Rod Co.Court of Appeals of Georgia · 1911

3Cited by4 opinions

  1. Cotton States Mutual Insurance v. BoothCourt of Appeals of Georgia · 1967
  2. Automobile Battery Co. v. Geraghty & Co.Court of Appeals of Georgia · 1923
  3. Twyman v. Avera Loan & Investment Co.Court of Appeals of Georgia · 1918
  4. Jelks v. Wesleyan Female CollegeCourt of Appeals of Georgia · 1918

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