Legal Opinion

Bond & Maxwell v. Perrin

Court of Appeals of Georgia

Decided May 30, 1916No. 6204PublishedCited by 10 opinions

Complaint; from city court of Elberton — Judge Grogan. November 12, 1914. The action was for an amount alleged to be due under the terms of an instrument in the form of a promissory note, with a recital that it was given for a described automobile, and with provisions to the effect that the title should remain in the vendors until payment of the debt, and that in the event of destruction of the property the loss should fall upon the maker of the note, and additional…

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Complaint; from city court of Elberton — Judge Grogan. November 12, 1914. The action was for an amount alleged to be due under the terms of an instrument in the form of a promissory note, with a recital that it was given for a described automobile, and with provisions to the effect that the title should remain in the vendors until payment of the debt, and that in the event of destruction of the property the loss should fall upon the maker of the note, and additional provisions relating to the security for the payment of the debt and to its collection. The instrument' was silent as to any…

1Opinion of the CourtWade, J.

Under the rulings of a majority of the Supreme Court upon the questions certified in this case, the judge of the city court erred in refusing to grant a new trial upon the special grounds set out in the amendment to the motion for a new trial. Bond & Maxwell v. Perrin, 145 Ga. 200 (88 S. E. 954). Judgment reversed.

The case came to the Court of Appeals on exceptions to the overruling of the motion for a new trial,- and this conrt submitted to the Supreme Court the question whether it was allowable for the defendant to interpose and support by parol evidence the defenses set up in his pleas.…

2Cases cited3 opinions

  1. Pryor v. Ludden & Bates Southern Music HouseSupreme Court of Georgia · 1910
  2. Bullard v. BrewerSupreme Court of Georgia · 1903
  3. Bond & Maxwell v. PerrinSupreme Court of Georgia · 1916

3Cited by10 opinions

  1. Sloan v. Farmers & Merchants BankCourt of Appeals of Georgia · 1917
  2. Loewenherz v. WeilCourt of Appeals of Georgia · 1925
  3. International Harvester Co. of America v. MorganCourt of Appeals of Georgia · 1917
  4. Ford v. Serenado Manufacturing Co.Court of Appeals of Georgia · 1921
  5. West v. MillerCourt of Appeals of Georgia · 1924

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