Lewis v. Howell
Supreme Court of Georgia
Complaint. Before Judge Gober. Milton superior court. February term, 1895. Nora Howell sued Lewis and Summerour as administrators of Autrey, alleging that they were indebted to ber $132, besides interest, by reason of tbe following facts: On February 10, 1891, Autrey beld a note against ber busband, on wbicb at the time there was due principal and interest about $165. Bier busband was insolvent and the note was worthless and barred by tbe statute of limitations.
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Complaint. Before Judge Gober. Milton superior court. February term, 1895. Nora Howell sued Lewis and Summerour as administrators of Autrey, alleging that they were indebted to ber $132, besides interest, by reason of tbe following facts: On February 10, 1891, Autrey beld a note against ber busband, on wbicb at the time there was due principal and interest about $165. Bier busband was insolvent and the note was worthless and barred by tbe statute of limitations. On that day she applied to him for a loan of $350, wbicb be was willing to lend ber upon condition that she would pay tbe amount of…
1Opinion of the Court
Simmons, Chief Justice.
The evidence in this case shows clearly that the note given by Mrs. Howell to Autrey was in part for a debt of her husband. The transaction was not a purchase by her of the husband’s note. She obtained from Autrey $350 and gave him her note for $572, the difference between these two amounts being the amount due by her husband upon his note to Autrey, $165, with interest thereon from the date of her note to the date of its maturity at twelve and a half per cent, per annum. Her husband was insolvent and his note was worthless. The law positively forbids any assumption by…
2Cases cited3 opinions
- Humphrey v. CopelandSupreme Court of Georgia · 1875
- Maddox v. OxfordSupreme Court of Georgia · 1883
- Chappell v. BoydSupreme Court of Georgia · 1878
3Cited by9 opinions
- Jones v. HarrellSupreme Court of Georgia · 1900
- McRitchie v. Atlanta Trust Co.Supreme Court of Georgia · 1930
- First National Bank v. BertoliSupreme Court of Vermont · 1914
- Third National Bank v. PoeCourt of Appeals of Georgia · 1908
- Jones v. CrawfordSupreme Court of Georgia · 1899
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