Legal Opinion

Young v. Higingbotham

Court of Appeals of Georgia

Decided April 10, 1997No. A97A0577Published

1Opinion of the Court

Judge Harold R. Banke.

Teresa Higingbotham appeals the judgment entered in favor of Curtis B. Higingbotham. On appeal, she enumerates three errors, challenging the determination of her liability under the principle of partnership by estoppel. OCGA § 14-8-16.

In early June 1994, Curtis B. Higingbotham obtained a 60-day loan, the proceeds of which he provided in the form of a cashier’s check to Stan Higingbotham, his grandson. No promissory note or other written documentation of the loan was exchanged between them. In July 1994, in a purported effort to repay the loan, Stan Higingbotham wrote a…

2Cases cited5 opinions

  1. Chambliss v. HallCourt of Appeals of Georgia · 1966
  2. Macon-Bibb County Industrial Authority v. Central of Georgia RailroadSupreme Court of Georgia · 1996
  3. Borders v. WrightCourt of Appeals of Georgia · 1977
  4. Elliott v. National Union Radio Corp.Court of Appeals of Georgia · 1943
  5. Brandt v. EckmanCourt of Appeals of Georgia · 1949

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