Legal Opinion

Lacey v. Hutchinson

Court of Appeals of Georgia

Decided March 23, 1909No. 1557PublishedCited by 24 opinions

. Complaint, from city court of Abbeville — Judge Nicholson. November 11, 1908. *

1Opinion of the CourtPowell, J.

The plaintiff sued upon a negotiable promissory-note under seal. The defendant filed a plea showing in substance that the note was wholly lacking in consideration. The court refused to allow the defendant to introduce testimony tending to-support his plea; and the sole question before this court is whether total lack of consideration is a good defense to a negotiable promissory note under seal.

It has frequently been held that failure of consideration, total or partial, is a good defense to such an instrument in this State. It has been held that fraud in the procurement may also be pleaded to…

2Cases cited15 opinions

  1. Smith v. SmithSupreme Court of Georgia · 1867
  2. House v. OliverSupreme Court of Georgia · 1905
  3. National Bank v. CarltonSupreme Court of Georgia · 1895
  4. Sivell v. HoganSupreme Court of Georgia · 1903
  5. Slaton v. FowlerSupreme Court of Georgia · 1906

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3Cited by24 opinions

  1. Trustees of Jesse Parker Williams Hospital v. NisbetSupreme Court of Georgia · 1940
  2. Baggs v. FunderburkeCourt of Appeals of Georgia · 1912
  3. American Broadcasting-Paramount Theatres, Inc. v. SimpsonCourt of Appeals of Georgia · 1962
  4. Paige v. JurgensenCourt of Appeals of Georgia · 1992
  5. Saul v. Southern Seating & Cabinet Co.Court of Appeals of Georgia · 1909

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