Commercial Security Co. v. Lee
Supreme Court of Georgia
Complaint. Before Judge Smith. Newton superior court. April 23, 1918. The defendants contracted with Partin Manufacturing Company for the furnishing by the latter of advertising matter, services, and prizes to be awarded to winners in connection with an “enterprise” to be conducted for the purpose of increasing the business of the defendants, and in settlement gave certain promissory notes.
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Complaint. Before Judge Smith. Newton superior court. April 23, 1918. The defendants contracted with Partin Manufacturing Company for the furnishing by the latter of advertising matter, services, and prizes to be awarded to winners in connection with an “enterprise” to be conducted for the purpose of increasing the business of the defendants, and in settlement gave certain promissory notes. The plaintiff sued for the amount due on two of these notes, alleging that it became, before maturity, a bona fide holder for value, and that the same are past due and unpaid. The defendants pleadpd that…
1Opinion of the CourtGilbert, J.
1. The things which the act of the General Assembly above quoted undertakes to prohibit are not 'mala in se. There can be nothing in the mere stimulation of trade or subscriptions to news publications by prizes or gifts that is, in itself, immoral. It is known in advance that whoever makes' or secures the largest amount of purchases or subscriptions will receive the largest amount of voting power in the contest, and it is known that the rewards, called prizes, are given in proportion to the amount of votes. To deny this would be to impute fraud and *599dishonesty, and we are not warranted in…
2Cases cited5 opinions
- Mutual Life Insurance v. DurdenCourt of Appeals of Georgia · 1911
- Arthur v. StateSupreme Court of Georgia · 1917
- Forbes Drug Co. v. Bernard Manufacturing Co.Court of Appeals of Georgia · 1917
- Tumlin Bros. v. Daniel Bros.Supreme Court of Georgia · 1914
- Kanne v. Segerstrom Piano Manufacturing Co.Supreme Court of Minnesota · 1912
3Cited by1 opinion
- Southern Ruralist v. Mayor of CarrolltonSupreme Court of Georgia · 1929