Strickland v. Bank of Cartersville
Supreme Court of Georgia
Complaint. Before Judge Edwards. • Bartow superior court. June 30, 1913. The Bank of Cartersville brought suit, in Bartow superior court,, against Albert Strickland and George W. Brooke on a promissory note dated Atlanta, Georgia, February 10, 1906, due six months after date, for the principal sum of $7,500, with interest at six per cent., signed by the defendants and payable to'the-order of the Etowah Milling Company.
Read the full summary
Complaint. Before Judge Edwards. • Bartow superior court. June 30, 1913. The Bank of Cartersville brought suit, in Bartow superior court,, against Albert Strickland and George W. Brooke on a promissory note dated Atlanta, Georgia, February 10, 1906, due six months after date, for the principal sum of $7,500, with interest at six per cent., signed by the defendants and payable to'the-order of the Etowah Milling Company. On this was an indorsement in the following terms: "For value received-hereby guarantee the payment of this note at maturity,” signed by the payee. There were also indorsements…
1Opinion of the CourtLumpkin, J.
(After stating the foregoing facts.)
1. There was no error in striking paragraphs 11 and 12 of the answer. They set np an agreement by the plaintiff with Brooke to extend the time of payment of the debts on which the latter was liable. But the contract showed on its face that the agreement to extend was based upon certain conditions, and the answer alleged the performance of only part -of the requirements, failing to allege a complete performance of the conditions necessary to the extension. The nature of the contract will he more fully considered below.
2. In the written contract between…
2Cases cited9 opinions
- Atlanta Savings Bank v. SpencerSupreme Court of Georgia · 1899
- Strickland v. Lowry National BankSupreme Court of Georgia · 1913
- Carson v. CochranSupreme Court of Minnesota · 1892
- Yancy v. TeterIndiana Supreme Court · 1872
- Marvin v. MandellMassachusetts Supreme Judicial Court · 1878
4 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Gordy Tire Co. v. Dayton Rubber Co.Supreme Court of Georgia · 1960
- Harper v. BrownCourt of Appeals of Georgia · 1970
- Brewer v. WilliamsSupreme Court of Georgia · 1954
- Georgia Realty Co. v. Bank of CovingtonCourt of Appeals of Georgia · 1917
- King v. Citizens Bank of DeKalbCourt of Appeals of Georgia · 1953
12 more not listed; retrieve them via the Exa API.