Legal Opinion

Cook v. Cobb & Roper

Court of Appeals of Georgia

Decided May 15, 1918No. 9371PublishedCited by 4 opinions

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

  1. Arnold v. CarterSupreme Court of Georgia · 1906
  2. Thompson v. FainSupreme Court of Georgia · 1913
  3. Atlanta Glass Co. v. NoizetSupreme Court of Georgia · 1891
  4. Whitt v. BlountSupreme Court of Georgia · 1906
  5. Beck Duplicator Co. v. FulghumSupreme Court of Georgia · 1903

3 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Gosa v. Clark & Sons Inc.Court of Appeals of Georgia · 1931
  2. Bell v. ScarbroughCourt of Appeals of Georgia · 1942
  3. McLendon v. LemonCourt of Appeals of Georgia · 1949
  4. H. W. Ivey Construction Co. v. Southwest Steel ProductsCourt of Appeals of Georgia · 1965

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