Hall v. Morrison
Supreme Court of Georgia
Complaint on promissory note. Before Judge Milner. Bade superior court. September term, 1892. Suit was brought by Morrison on a note for $2,000’ principal, signed by G. J. Hall, C. A. Hall and T. J. Lumpkin, dated February 12, 1892, and due at 90 days.
Read the full summary
Complaint on promissory note. Before Judge Milner. Bade superior court. September term, 1892. Suit was brought by Morrison on a note for $2,000’ principal, signed by G. J. Hall, C. A. Hall and T. J. Lumpkin, dated February 12, 1892, and due at 90 days. The Halls pleaded not indebted; that the note was obtained by plaintiff through fraud, misrepresentations,, and by fraudulent means and artful practices by which they were deceived and forced to sign it; that in part it. was given without any consideration ; and that if any consideration existed for giving it, the same had entirely failed. G.…
1Opinion of the Court
Bleckley, Chief Justice.
1. The court erred in striking the special plea, for, disregarding allegations of fraud and duress contained in it, which may be treated as surplusage, the plea was in substance one of want of consideration for the note sued on, and, if established, would be a good defence to the action. If the note was given as a promise to pay for doing something on the part of the payee which he was already bound to do and which he refused to do, using that refusal as a means of morally coercing the makers of the note to execute it, the payee parted with no consideration nor did the…
2Cited by5 opinions
- Hall v. BeaversCourt of Appeals of Georgia · 1949
- Stewart v. HardinCourt of Appeals of Georgia · 1919
- Vinson v. Williams Printing Co.Court of Appeals of Georgia · 1952
- American International Industries, Inc. v. Plumbers Woodwork Co.Court of Appeals of Georgia · 1966
- Hall v. BeaversCourt of Appeals of Georgia · 1949