Cook v. Cobb & Roper
Court of Appeals of Georgia
Mortgage foreclosure; from Harris superior court—Judge Kent presiding. October 8, 1917. To the foreclosure of a mortgage of Cook upon an .automobile and other personal property he interposed an affidavit of illegality, setting up. that he was not indebted to the plaintiffs as alleged; ■ that the mortgage and the note secured by it were signed by him under the following circumstances, to wit: that upon a certain date he purchased from the plaintiffs an automobile for a stated…
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Mortgage foreclosure; from Harris superior court—Judge Kent presiding. October 8, 1917. To the foreclosure of a mortgage of Cook upon an .automobile and other personal property he interposed an affidavit of illegality, setting up. that he was not indebted to the plaintiffs as alleged; ■ that the mortgage and the note secured by it were signed by him under the following circumstances, to wit: that upon a certain date he purchased from the plaintiffs an automobile for a stated price, and that the note and mortgage were for a part of the purchase-price, and he has paid all of the purchase-price…
1Opinion of the CourtHarwell, J.
(After stating the foregoing facts.) The general denial that the defendant was indebted set up no defense. Civil Code of 1910, § 3300; Woods v. Roberts, 97 Ga. 254 (22 S. E. 986); Woods v. Almand, 97 Ga. 255 (22 S. E. 982). The remainder of the affidavit of illegality attempts to set up as a defense a breach of an express warranty. The express warranty was that the plaintiffs warranted or guaranteed the automobile to run perfectly for a period of eight months; and that they further guaranteed to replace all broken and defective parts of said automobile for a period of eight months. It nowhere…
2Cases cited8 opinions
- Arnold v. CarterSupreme Court of Georgia · 1906
- Thompson v. FainSupreme Court of Georgia · 1913
- Atlanta Glass Co. v. NoizetSupreme Court of Georgia · 1891
- Whitt v. BlountSupreme Court of Georgia · 1906
- Beck Duplicator Co. v. FulghumSupreme Court of Georgia · 1903
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Gosa v. Clark & Sons Inc.Court of Appeals of Georgia · 1931
- Bell v. ScarbroughCourt of Appeals of Georgia · 1942
- McLendon v. LemonCourt of Appeals of Georgia · 1949
- H. W. Ivey Construction Co. v. Southwest Steel ProductsCourt of Appeals of Georgia · 1965