Gaudy v. Babbitt
Supreme Court of Georgia
Trusts. Evidence. Before Judge Weight. Decatur Superior Court. November Adjourned Term, 1875. Babbitt and Touge, as administrators of S. Davis Touge, deceased, brought complaint against Gaudy, as trustee for Mary Gaudy, upon the following note: “ $90 00. “ Bainbridge, May 8th, 1867. “ On or before the first of December next I promise to pay to the order of S. Davis Touge $90 00, for value received. (Signed) “ B. H. !x¡ Gaudy, trustee.”
Read the full summary
Trusts. Evidence. Before Judge Weight. Decatur Superior Court. November Adjourned Term, 1875. Babbitt and Touge, as administrators of S. Davis Touge, deceased, brought complaint against Gaudy, as trustee for Mary Gaudy, upon the following note: “ $90 00. “ Bainbridge, May 8th, 1867. “ On or before the first of December next I promise to pay to the order of S. Davis Touge $90 00, for value received. (Signed) “ B. H. !x¡ Gaudy, trustee.” The declaration was, in substance, as follows : Your petitioners aver that said note was given by the said Gaudy, as trustee for Mary Gaudy, for a bill of…
1Opinion of the Court
Bleckley, Judge.
1. The general rule stated in I Parsons on Contracts, 121, and in Story on Bills, sections 74, 75, that a trustee cannot bind the trust by executing a note, has not been relaxed in this state as to executors, administrators or guardians: 39 Georgia Reports, 130; McFarlin vs. Stinson, 56th Ibid., 396. But in 25 Georgia Reports, 140, a distinction is taken, as to the ordinary trustees, which ought to be maintained. On principle, it is difficult to say why a trustee who can contract a debt at all, cannot do so by note. Why should there be a capacity to make a verbal promise and…
2Cited by7 opinions
- Kupferman v. McGeheeSupreme Court of Georgia · 1879
- Greenfield & Brown v. VasonSupreme Court of Georgia · 1884
- Sanders v. Houston Guano & Warehouse Co.Supreme Court of Georgia · 1899
- Hayden v. JohnsonSupreme Court of Georgia · 1877
- Vason & Davis v. GardnerSupreme Court of Georgia · 1883
2 more not listed; retrieve them via the Exa API.