Henderson v. Thompson
Supreme Court of Georgia
Promissory notes. Evidence. Fraud. Before Judge James Johnson. Jasper Superior Court. February Term, 1873. These three cases, involving the same point, were argued and determined together. The defendants in error brought complaint against the plaintiffs in error on three promissory notes, expressing on their face that they were “for money due on policy.” Each of the latter pleaded, substantially, as follows: On July 27th, 1870, William IT.
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Promissory notes. Evidence. Fraud. Before Judge James Johnson. Jasper Superior Court. February Term, 1873. These three cases, involving the same point, were argued and determined together. The defendants in error brought complaint against the plaintiffs in error on three promissory notes, expressing on their face that they were “for money due on policy.” Each of the latter pleaded, substantially, as follows: On July 27th, 1870, William IT. Thompson being an agent of the Security Life Insurance Company, came to the house of this defendant for the purpose of inducing him to insure in said…
1Opinion of the Court
McCay, Judge.
The plea is to the effect that the note, though payable at a fixed time, was not in fact to be paid if the maker chose to rescind the agreement under which the note was given. It *151might be said that such a plea, under the circumstances, was the setting up of an agreement without consideration, so long as the defendant failed to give the notice the company was to be bound. If the defendant, the insured, died.during that time, his family would get the amount of the policy. If the defendant should recant, what was to be the compensation of the company for the intermediate risk ?…
2Cited by8 opinions
- Angier v. BrewsterSupreme Court of Georgia · 1882
- Mansfield v. BarberSupreme Court of Georgia · 1877
- Roberts v. ArnallCourt of Appeals of Georgia · 1911
- Johnson v. Georgia Midland & Gulf RailroadSupreme Court of Georgia · 1889
- McGrath v. City of NewtonSupreme Court of Kansas · 1883
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