Brown v. Nichols
Court of Appeals of Georgia
Complaint; from Bleckley superior court—Judge Graham. November 18, 1918. Dykes A. Brown, the payee of a promissory note for $5,000, purporting to have been signed by B. E. Nichols, brought suit thereon against the administratrix of the estate of Nichols. The defendant pleaded non est factum, payment, and that the note was nudum pactum; and introduced evidence which it was contended would authorize a finding in favor of any of these defenses.
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Complaint; from Bleckley superior court—Judge Graham. November 18, 1918. Dykes A. Brown, the payee of a promissory note for $5,000, purporting to have been signed by B. E. Nichols, brought suit thereon against the administratrix of the estate of Nichols. The defendant pleaded non est factum, payment, and that the note was nudum pactum; and introduced evidence which it was contended would authorize a finding in favor of any of these defenses. There was testimony as to declarations of the plaintiff tending to show that the decedent intended by this note to make a gift to him. The note was under…
1Opinion of the CourtLuke, J.
1. It is essential to the validity of every contract that there be a consideration; and the fact that a promissory note is under seal ■ will not defeat the right of the maker or his administrator to plead want of consideration. A contract nudum pactum is no more .enforceable when under seal than when not under seal, as against a timely defense and proof thereof. Seawright v. Dickson, 16 Ga. App. 436, 440 et seq. (85 S. E. 625); Krueger v. Simmons, 22 Ga. App. 210 (95 S. E. 718), and eit.(a) The court did not err in refusing to charge the jury that “a promissory note under seal may be the…
2Cases cited15 opinions
- Davis & Co. v. MorganSupreme Court of Georgia · 1903
- Sivell v. HoganSupreme Court of Georgia · 1903
- Lacey v. HutchinsonCourt of Appeals of Georgia · 1909
- Van Dyke v. Van DykeSupreme Court of Georgia · 1905
- Weaver v. CosbySupreme Court of Georgia · 1899
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3Cited by4 opinions
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- Wenke v. NortonCourt of Appeals of Georgia · 1969
- Trustees of Jesse Parker Williams Hospital v. NisbetSupreme Court of Georgia · 1940