Turner v. Pearson
Supreme Court of Georgia
Action on note. Before Judge McWhorter. Hancock superior court. February term, 1893. The opinion states the facts. The stricken plea therein referred to is as follows: “ The note sued on was given by defendant to plaintiff under the following circumstances, to wit: that about the year 1869 defendant, being indebted to various parties, made application to said Thomas M. Turner, plaintiff’s testator, who had previously proposed his assistance, for financial aid to pay off and…
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Action on note. Before Judge McWhorter. Hancock superior court. February term, 1893. The opinion states the facts. The stricken plea therein referred to is as follows: “ The note sued on was given by defendant to plaintiff under the following circumstances, to wit: that about the year 1869 defendant, being indebted to various parties, made application to said Thomas M. Turner, plaintiff’s testator, who had previously proposed his assistance, for financial aid to pay off and discharge such indebtedness. This the said Turner agreed to do, taking as his security therefor a transfer from the…
1Opinion of the Court
Simmons, Justice.
1. The executors of T. M. Turner sued Pearson upon a promissory note dated February 10th, 1886, due January 1st next after date, signed by the defendant and payable to DeLamar Turner, executor. The defendant filed an equitable plea, the allegations of which will be found in the official report. On demurrer this plea was stricken by the court, and the defendant filed exceptions pendente lite. The plaintiffs introduced the note in evidence, and closed. The defendant introduced no evidence, and the jury returned a verdict for the plaintiffs. The defendant moved for a new trial…
2Cases cited1 opinion
- Shipley v. EiswaldSupreme Court of Georgia · 1875
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- Gresham v. LeeCourt of Appeals of Georgia · 1922