Stokes v. Robertson
Supreme Court of Georgia
Complaint. Before Judge Gilbert. Marion superior court. July 16, 1914. E. H. Robertson bought from W. B. Matthews an interest in certain property and gave in part for the purchase-price two promissory notes, one for $1,375, falling due January 1, 1909, and one for $3,000, falling due January 1, 1910. On August 37, 1908, he sold such interest to R. H. Stokes.
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Complaint. Before Judge Gilbert. Marion superior court. July 16, 1914. E. H. Robertson bought from W. B. Matthews an interest in certain property and gave in part for the purchase-price two promissory notes, one for $1,375, falling due January 1, 1909, and one for $3,000, falling due January 1, 1910. On August 37, 1908, he sold such interest to R. H. Stokes. In consideration of the sale Stokes agreed “to pay off and discharge said notes of Matthews against Robertson, and to deliver the same to said Robertson as fast as they mature.” Stokes paid the first-mentioned note, but failed and refused…
1Opinion of the CourtLumpkin, J.
(After stating the foregoing facts.)
1. The contract on which suit was brought was not merely one of indemnity, but contained a direct agreement on the part of the decedent to pay off and discharge the notes given by Robertson as fast as they should mature. A failure to pay one of the notes at maturity constituted a breach of the contract, and the plaintiff could bring suit thereon. Pie was not obliged to pay the note before bringing suit. If he was thus entitled to sue, for what amount could he bring his suit? In Thomas v. Richards, 124 Ga. 942 (53 S. E. 400), where one person entered into a…
2Cases cited6 opinions
- Gage v. LewisIllinois Supreme Court · 1873
- Lanier v. HuguleySupreme Court of Georgia · 1893
- Thomas v. RichardsSupreme Court of Georgia · 1906
- Poole v. HinesSupreme Court of Georgia · 1874
- McMillan v. ToombsSupreme Court of Georgia · 1887
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Liberty Mutual Insurance v. Atlantic Coast Line RailroadCourt of Appeals of Georgia · 1942
- Hardin v. ReynoldsSupreme Court of Georgia · 1939
- Heins v. ByersSupreme Court of Minnesota · 1928
- Detrick v. Trust Co.Court of Appeals of Georgia · 1934