Carson v. Hurst & Co.
Supreme Court of Georgia
Complaint. Before Judge Merrill. Tift superior court. December 6, 1910. Hurst & Company brought suit against Briggs Carson for $2,000' and interest thereon, for goods sold and delivered to Keith Carson in pursuance of the following instrument: “Tifton, Ga., March 4, 1907. To Mess.
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Complaint. Before Judge Merrill. Tift superior court. December 6, 1910. Hurst & Company brought suit against Briggs Carson for $2,000' and interest thereon, for goods sold and delivered to Keith Carson in pursuance of the following instrument: “Tifton, Ga., March 4, 1907. To Mess. John E. Hurst & Co. In consideration of your delivering to Keith Carson all the goods which he, personally or by his agent or agents, may purchase or order of your firm from time to time, to the extent of the sum hereinafter stipulated, I do hereby guarantee and bind myself to the punctual payment of the debt or…
1Opinion of the CourtEisec, C. J.
(After stating the facts.) This case must be de-. cided upon the construction of the instrument sued on, and the facts which appear from the petition and the evidence of the defendant that the amount of goods sold under the guaranty was in excess of $2,000, and that this was done without the knowledge or consent of the defendant. What is the proper construction of the guaranty ? The contention of the plaintiffs below was, that, under the terms of the instrument, $2,000 was the limit of the liability of the guarantor, and that the right of the plaintiffs to extend credit to. Keith Carson was…
2Cases cited11 opinions
- Drummond v. Executors of PrestmanSupreme Court of the United States · 1827
- Taussig v. ReidIllinois Supreme Court · 1893
- Hargroves v. CookeSupreme Court of Georgia · 1854
- Rindge v. . JudsonNew York Court of Appeals · 1861
- Small Co. v. ClaxtonCourt of Appeals of Georgia · 1907
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- Redfearn v. Citizens & Southern National BankCourt of Appeals of Georgia · 1970
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- Peck v. Precision Machine Co.Court of Appeals of Georgia · 1917
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