Legal Opinion

Baer v. Christian

Supreme Court of Georgia

Decided May 24, 1889PublishedCited by 10 opinions

Practice. Pleadings. Demurrer. Evidence. Payment. Contracts. Debtor and creditor. Yerdict. Before Judge Harris. City court of Macon. December term, 1888. Deported in the decision.

1Opinion of the Court

Simmons, Justice.

Baer sued Christian on four promissory notes. Christian pleaded (1) the general issue; and (2) that “before the commencement of the suit, he had fully paid off' and discharged each of said notes in money, according to their tenor and effect.” He amended his plea and alleged, in substance,' as follows: that he gave the plaintiff two mortgages to secure the note sued on, on certain personal and real estate; that in 1884, when he foreclosed the mortgages and had the real estate levied on and advertised for sale, such realty was of the value of $1,250; that before the day of…

2Cited by10 opinions

  1. Thomas v. ClarksonSupreme Court of Georgia · 1906
  2. Hicks v. HamiltonCourt of Appeals of Georgia · 1907
  3. Register v. Southern States Phosphate & Fertilizer Co.Supreme Court of Georgia · 1924
  4. Epstein & Brother Co. v. ThomasCourt of Appeals of Georgia · 1915
  5. Mayor & Council of Athens v. SmithSupreme Court of Georgia · 1900

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