Crawford v. Crawford
Supreme Court of Georgia
Action for damages. Before Judge Ellis. Fulton superior court. The plaintiff brought suit against the defendant, making substantially the following allegations: They are brothers, and were born and reared in the same county. The defendant is six years older than the plaintiff. The plaintiff came to Atlanta in 1892, and the defendant a number of years prior thereto, both for the purpose of engaging in the practice of medicine.
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Action for damages. Before Judge Ellis. Fulton superior court. The plaintiff brought suit against the defendant, making substantially the following allegations: They are brothers, and were born and reared in the same county. The defendant is six years older than the plaintiff. The plaintiff came to Atlanta in 1892, and the defendant a number of years prior thereto, both for the purpose of engaging in the practice of medicine. Prior to the plaintiff’s removal to Atlanta he loaned the defendant, in 1890 or 1891, $2,500, and took his note for the same. After such removal, he loaned the defendant…
1Opinion of the CourtHolden, J.
(After stating the facts.) 1. The fact that the plaintiff and the defendant are brothers does not of itself create a confidential or fiduciary relation between them. There is no presumption that such relation exists between brothers, arising solely from the fact that they are so related. If a confidential or fiduciary relation exists between brothers, it must be shown by proof, and the burden is upon the party asserting the existence of such relationship to affirmatively show the same. The facts that the defendant is six years the senior of the plaintiff, that they were reared together, and…
2Cases cited14 opinions
- Johnson v. Bradstreet Co.Supreme Court of Georgia · 1891
- Kirkley v. SharpSupreme Court of Georgia · 1896
- American Nat. Bank v. Fidelity & Deposit Co.Supreme Court of Georgia · 1907
- Hutcherson v. DurdenSupreme Court of Georgia · 1901
- Sutton v. DyeSupreme Court of Georgia · 1878
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3Cited by69 opinions
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- O'NEAL v. Home Town Bank of Villa RicaCourt of Appeals of Georgia · 1999
- Stephens v. WalkerSupreme Court of Georgia · 1942
- Fed. Deposit Ins. Corp. v. LoudermilkSupreme Court of Georgia · 2019
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