Hollingshead v. McKenzie
Supreme Court of Georgia
In Equity, in Macon Superior Court. Decision on demurrer, by Judge Warren, March Term, 1850. Hardy McKenzie, by his bill, alleged, that about the 14th February, 1842, he and one John M. Greer became sureties for one Warren Dykes, on three promissory notes, to one Miles K. Harman; that in 1844, he (McKenzie) made an agreement, verbally, with Harman, that Harman should give up the three notes, and take in lieu thereof the individual note of Dykes ; in consideration of which,…
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In Equity, in Macon Superior Court. Decision on demurrer, by Judge Warren, March Term, 1850. Hardy McKenzie, by his bill, alleged, that about the 14th February, 1842, he and one John M. Greer became sureties for one Warren Dykes, on three promissory notes, to one Miles K. Harman; that in 1844, he (McKenzie) made an agreement, verbally, with Harman, that Harman should give up the three notes, and take in lieu thereof the individual note of Dykes ; in consideration of which, McKenzie agreed to give, as collateral security for the new note, a deed to one half of a tract of land in Macon County.…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
[1.] The complainant insists on his right to discovery, for the reason that the defendant, by his answer, may admit the parol agreement. But what of that, if he claims the benefit of the Statute ? It would be utterly nugatory; for whatever doubts may have once existed, it is now well settled, that if the defendant should, by his answer, admit the parol agreement, and should insist on the benefit of the Statute, he will be fully entitled to it, notwithstanding such admission. Story’s Eg. Pl. §763.
[2.] It is contended, that as judgment has been…
2Cases cited2 opinions
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- Pierce v. Middle Georgia Land & Lumber Co.Supreme Court of Georgia · 1908
- McArthur & Griffin v. Matthewson & ButlerSupreme Court of Georgia · 1881
- Capital City Brick Co. v. Atlanta Ice & Coal Co.Court of Appeals of Georgia · 1909
- Douglass v. BunnSupreme Court of Georgia · 1900
- Mendel v. Miller & SonsSupreme Court of Georgia · 1910
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