Legal Opinion

Cordray v. James

Court of Appeals of Georgia

Decided January 23, 1917No. 7309PublishedCited by 26 opinions

Complaint; from city court of Blakely—Judge Sheffield. February 22, 19Í6.

1Opinion of the CourtJenkins, J.

1. Where a person tells another to let a third person have goods, and that he will see that the debt 'is paid, and credit is accordingly given the promisor, the promise is an original and not a collateral undertaking, and is not within the statute of frauds. Baldwin v. Hiers, 73 Ga. 739; Maddox v. Pierce, 74 Ga. 838; Cruse v. Foster, 76 Ga. 723; Ellis v. Murray, 77 Ga. 542; Crowder v. Keys, 91 Ga. 180 (16 S. E. 986); Henderson v. Hughes, 4 Ga. App. 52 (60 S. E. 813).

2. In all such cases, in order that the promisor shall become bound for the obligation, it is requisite that the credit shall be…

2Cases cited7 opinions

  1. Davis v. TiftSupreme Court of Georgia · 1883
  2. Baldwin v. HiersSupreme Court of Georgia · 1884
  3. Reynolds v. Simpson & LedbetterSupreme Court of Georgia · 1885
  4. Cruse v. FosterSupreme Court of Georgia · 1886
  5. Crowder v. KeysSupreme Court of Georgia · 1893

2 more not listed; retrieve them via the Exa API.

3Cited by26 opinions

  1. Wolverine Insurance v. SorroughCourt of Appeals of Georgia · 1970
  2. Pope v. Triangle Chemical Co.Court of Appeals of Georgia · 1981
  3. Daniel v. Dalton News Co.Court of Appeals of Georgia · 1934
  4. Mutual Benefit Health & Accident Ass'n v. HulmeCourt of Appeals of Georgia · 1938
  5. Easterling v. BellCourt of Appeals of Georgia · 1923

21 more not listed; retrieve them via the Exa API.

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