Bailey v. Devine
Supreme Court of Georgia
Complaint. Before Judge Hodges. City court of Macon. October 1, 1904. Thomas H. Devine brought suit against Mrs. S. A. Bailey and 'W. H. Bailey, on a promissory note. The note was for'$500, Was executed by the defendants in Pueblo, Colorado, and made payable to Devine & McAliney at the First National Bank of that place. The defendant Mrs. Bailey filed an answer, setting up the following facts: The note was obtained from her by Devine by threats, fraud, and duress.
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Complaint. Before Judge Hodges. City court of Macon. October 1, 1904. Thomas H. Devine brought suit against Mrs. S. A. Bailey and 'W. H. Bailey, on a promissory note. The note was for'$500, Was executed by the defendants in Pueblo, Colorado, and made payable to Devine & McAliney at the First National Bank of that place. The defendant Mrs. Bailey filed an answer, setting up the following facts: The note was obtained from her by Devine by threats, fraud, and duress. Defendant’s son, W. H. Bailey, had killed a man in Pueblo, Colorado, and telegraphed for his mother, who resided in Macon,…
1Opinion of the CourtCobb, J.
1. The note having been executed in Colorado, and being made payable there, its validity, force, and effect are dependent upon the law of that State; and no law of that State being pleaded, it will be presumed that the common law is in force with reference to the defenses set up in the defendant’s answer. Mass. Life Asso. v. Robinson, 104 Ga. 286; Hollis v. Loan Asso., 104 Ga. 318; Kollock v. Webb, 113 Ga. 768; Akers v. Jefferson Bank, 120 Ga. 1066.
2-4. At common law there were three kinds of duress, — duress of imprisonment; duress per minas, resulting from fear of loss of life, limb,…
2Cases cited8 opinions
- Massachusetts Benefit Life Ass'n v. RobinsonSupreme Court of Georgia · 1898
- Kollock v. WebbSupreme Court of Georgia · 1901
- Graham v. Marks & Co.Supreme Court of Georgia · 1895
- Hunt v. HuntSupreme Court of Georgia · 1894
- Hollis v. Covenant Blg. & Loan Ass'nSupreme Court of Georgia · 1898
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Young v. YoungSupreme Court of Georgia · 1939
- Knight v. WingateSupreme Court of Georgia · 1949
- Loewenherz v. WeilCourt of Appeals of Georgia · 1925
- Saul v. Southern Seating & Cabinet Co.Court of Appeals of Georgia · 1909
- Gunn v. Wilson Co.Court of Appeals of Georgia · 1917
8 more not listed; retrieve them via the Exa API.