Cromer v. Evett
Court of Appeals of Georgia
Certiorari; from Walker superior court — Judge Maddox. April 17, 1912. Suit in a justice’s court was brought against C. C. Cromer on a note made by him and Will Cromer jointly, and payable to Evett, the plaintiff. The trial resulted in a verdict against the defendant. A certiorari sued out by him was overruled, and final judgment was entered against him, and he excepted.
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Certiorari; from Walker superior court — Judge Maddox. April 17, 1912. Suit in a justice’s court was brought against C. C. Cromer on a note made by him and Will Cromer jointly, and payable to Evett, the plaintiff. The trial resulted in a verdict against the defendant. A certiorari sued out by him was overruled, and final judgment was entered against him, and he excepted. The single issue in the case was whether the note was a binding contract, the defense being that the defendant signed the note under duress and' for the purpose of settling a criminal prosecution against his son. The evidence…
1Opinion of the CourtHill, C. J.
(After stating the foregoing facts.) It was insisted by the defendant in error that the consideration for the note was the purchase of the mule, and not duress or the settlement of a criminal prosecution; and that, even if the signature to the note was obtained by an illegal consideration in the first instance, the payments thereon were a substantial ratification, and made it a valid and binding contract upon both makers. We may dispose of these two contentions by the statement that as to the son the consideration of the note was clearly the mule; for the evidence is undisputed that he, and…
2Cases cited3 opinions
- Jones v. Dannenberg Co.Supreme Court of Georgia · 1900
- Deen v. WilliamsSupreme Court of Georgia · 1907
- Lucas v. CastelowCourt of Appeals of Georgia · 1911
3Cited by2 opinions
- Young v. YoungSupreme Court of Georgia · 1939
- McConnell v. Cherokee National BankCourt of Appeals of Georgia · 1916