Lacey v. Hutchinson
Court of Appeals of Georgia
. 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
- Smith v. SmithSupreme Court of Georgia · 1867
- House v. OliverSupreme Court of Georgia · 1905
- National Bank v. CarltonSupreme Court of Georgia · 1895
- Sivell v. HoganSupreme Court of Georgia · 1903
- Slaton v. FowlerSupreme Court of Georgia · 1906
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3Cited by24 opinions
- Trustees of Jesse Parker Williams Hospital v. NisbetSupreme Court of Georgia · 1940
- Baggs v. FunderburkeCourt of Appeals of Georgia · 1912
- American Broadcasting-Paramount Theatres, Inc. v. SimpsonCourt of Appeals of Georgia · 1962
- Paige v. JurgensenCourt of Appeals of Georgia · 1992
- Saul v. Southern Seating & Cabinet Co.Court of Appeals of Georgia · 1909
19 more not listed; retrieve them via the Exa API.