Weaver v. Ogletree
Supreme Court of Georgia
Non estfaetum. Agency. Estoppel. Ratification. Before Judge Green. Newton Superior Court. September Term, 1869. David Ogletree and others, as executors of Philemon Ogle-tree, sued John S. Weaver and- Isham Weaver, upon a promissory note purporting to be signed by them, dated the 9th December, 1861, and due the 7th of December, 1862, for $814 03, payable to the executors of said Philemon Ogletree. Isham Weaver plead non est factum.
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Non estfaetum. Agency. Estoppel. Ratification. Before Judge Green. Newton Superior Court. September Term, 1869. David Ogletree and others, as executors of Philemon Ogle-tree, sued John S. Weaver and- Isham Weaver, upon a promissory note purporting to be signed by them, dated the 9th December, 1861, and due the 7th of December, 1862, for $814 03, payable to the executors of said Philemon Ogletree. Isham Weaver plead non est factum. Plaintiff’s counsel introduced a witness who professed to know Isham Weaver’s handwriting, and who testified that he thought Isham Weaver signed said note. The note…
1Opinion of the CourtBrown, C. J.
The evidence submitted to the jury in this case showed that John S. Weaver had been using the name of his father, Isham Weaver, for years, on his own notes, and that this fact was known to Isham Weaver. But he took no steps to stop *589this use of his name, and gave no notice to any one interested that it was not authorized by him. When, in the language of Isham Weaver, John Webb did call on him and John S. Weaver for some twelve or fifteen hundred dollars, and wanted the note divided into two, in order that he, Webb, might turn over some five hundred dollars to some religious society, he told…
2Cited by4 opinions
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- Colquitt v. SmithSupreme Court of Georgia · 1886