Graham v. Marks & Co.
Supreme Court of Georgia
Complaint on note. Before Judge Yan Epps. City court of Atlanta. July term, 1895. Marks & Company by tbeir declaration alleged, that C. M. Davis and Eliza J. Graham were indebted to them on four promissory notes, each for $85, with interest, and ten per cent, attorney’s fees, and that L. E. Davis and M. Eoote, Jr., attorney for Brown Brothers, were endorsers on the notes.
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Complaint on note. Before Judge Yan Epps. City court of Atlanta. July term, 1895. Marks & Company by tbeir declaration alleged, that C. M. Davis and Eliza J. Graham were indebted to them on four promissory notes, each for $85, with interest, and ten per cent, attorney’s fees, and that L. E. Davis and M. Eoote, Jr., attorney for Brown Brothers, were endorsers on the notes. Erom the copy note attached it appeared that the notes were dated April 7, 1891, were due six months, after date, and were payable to M. Eoote, Jr., attorney for Brown Brothers. Davis was not served. Mrs. Graham filed a plea…
1Opinion of the Court
Atkinson, Justice.
The official report states the facts.
1. The execution of a promissory note, although under *70moral or physical constraint, may nevertheless bind the maker to its payment, provided it rest upon a sufficient legal consideration. Assent may, in a legal sense, be free, notwithstanding the person assenting be induced thereto by fear of an impending evil to which, by reason of his own conduct, he has become lawfully exposed. It is therefore that the maker of a bond or promissory note upon a sufficient consideration otherwise legal, is held to be bound notwithstanding he execute the…
2Cases cited1 opinion
- Gibson v. PattersonSupreme Court of Georgia · 1885
3Cited by20 opinions
- Piedmont Hotel Co. v. HendersonCourt of Appeals of Georgia · 1911
- Brown v. StateCourt of Appeals of Georgia · 1982
- Jones v. PopeCourt of Appeals of Georgia · 1910
- Hoover v. MobleySupreme Court of Georgia · 1944
- MacLeod v. Belvedale, Inc.Court of Appeals of Georgia · 1967
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