Gay v. Mott
Supreme Court of Georgia
Promissory notes. Sureties. Before Judge Clark. Schley Superior Court. April Term, 1871. Mott sued upon a promissory note made in 1866, payable to him “for value received,” and signed as follows: “B. T. Peacock, M. R. Barney, J. M. Gay,” averring that Gay was a security.
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Promissory notes. Sureties. Before Judge Clark. Schley Superior Court. April Term, 1871. Mott sued upon a promissory note made in 1866, payable to him “for value received,” and signed as follows: “B. T. Peacock, M. R. Barney, J. M. Gay,” averring that Gay was a security. Gay pleaded, “ there is and was no consideration moving to or from him (Gay) in his signing, because said note had been executed and delivered by said Peacock and said Barney and accepted by him, and was complete and entire before said note was signed by him (Gay) as security.”’ And said “note is without consideration,…
1Opinion of the Court
Lochrane, Chief Justice.
This case comes before the Court upon the judgment of the Court below sustaining the demurrers filed to the sufficiency of the pleas. It appears by the record that suit was instituted in Schley county, by G. W. Mott, against certain parties, principals, and J. M. Gay, as security, upon a promissory note given by them to Mott. At the trial, Gay, by his attorney, pleaded that he was not indebted, etc., and that there is and was no consideration coming to or from this defendant, in the signing by this defendant, because he says that the note had been executed and…
2Cases cited1 opinion
- Bebee v. MooreU.S. Circuit Court for the District of Illinois · 1844
3Cited by8 opinions
- Davis & Co. v. MorganSupreme Court of Georgia · 1903
- Musgrove v. Luther Publishing Co.Court of Appeals of Georgia · 1908
- Saul v. Southern Seating & Cabinet Co.Court of Appeals of Georgia · 1909
- Nalley Land & Investment Co. v. Merchants & Planters BankSupreme Court of Georgia · 1938
- Blalock v. Central Bank of GeorgiaCourt of Appeals of Georgia · 1984
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