Thornton v. Lemon, McMillan & Co.
Supreme Court of Georgia
Certiorari. Before Judge Gober. Cobb superior court. April 27, 1901. cited: Civil Code, §2474; Berry v. Goodger, 80 Ga. 620 ; Rushing v. Clancy, 92 Ga. 769; Dobbins v. Blanchard, 94 Ga. 500 ; Jones v. Harrell, 110 Ga. 375. cited: Civil Code, §§2492, 3736; Schofield v. Jones, 85 Ga. 816; Hill v. Cooley, 112 Ga. 115; Tyson v. Woodruff, 108 Ga. 368.
1Opinion of the CourtLumpkin, P. J.
1. A promissory note executed and delivered by a married woman for the purpose of settling a pending action against her husband and herself, wherein the plaintiff alleged that both were liable, is binding upon her although in point of fact the debt declared upon was exclusively that of the husband. The consideration of such a note is not the husband’s debt, hut the settlement of the litigation.
2. There being, on the trial in the magistrate’s court, sufficient evidence to support the plaintiff’s contention that the notes sued upon were given in settle*156ment of litigation of the nature above…
2Cases cited7 opinions
- Schofield v. JonesSupreme Court of Georgia · 1890
- Jones v. HarrellSupreme Court of Georgia · 1900
- Tyson v. WoodruffSupreme Court of Georgia · 1809
- Rushing v. ClancySupreme Court of Georgia · 1894
- Dobbins v. Blanchard, Humber & Co.Supreme Court of Georgia · 1894
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- City Electric Railway Co. v. Floyd CountySupreme Court of Georgia · 1902
- Rountree v. RentfroeSupreme Court of Georgia · 1913
- Farmers State Bank v. SingletaryCourt of Appeals of Georgia · 1918
- Baxter v. Bank of GrantvilleCourt of Appeals of Georgia · 1932
- Lanier v. OlliffSupreme Court of Georgia · 1903
4 more not listed; retrieve them via the Exa API.