Legal Opinion
Brooks v. Jackins
Court of Appeals of Georgia
Decided March 27, 1928No. 18365PublishedCited by 13 opinions
1Opinion of the CourtBell, J.
1. A note given for an existing' indebtedness, even at a higher rate of interest and due at a later date, is not given for a new consideration, and therefore does not constitute a novation. In the absence of agreement to the contrary, promissory notes are not payment until themselves paid. Civil Code (1910), §§ 4226, 4326, 4314; Ga. Nat. Bank v. Fry, 32 Ga. App. 695 (1, 2) (124 S. E. 542); Schneider Marble Co. v. Knight, 37 Ga. App. 646 (141 S. E. 120).
2. The taking of such a note from a tenant by a landlord for an amount of rent, even after the rent is due, and even though the note is…
2Cases cited12 opinions
- Weinkle & Sons v. Brunswick & Western RailroadSupreme Court of Georgia · 1899
- Securities Trust Co. v. MarshallCourt of Appeals of Georgia · 1923
- Carr v. CarrSupreme Court of Georgia · 1924
- Rowe Bros. Motor Express Co. v. Twiggs CountySupreme Court of Georgia · 1922
- Belmont Farm v. Dobbs Hardware Co.Supreme Court of Georgia · 1906
7 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Bank of Terrell v. WebbCourt of Appeals of Georgia · 1986
- Lee v. LovelandCourt of Appeals of Georgia · 1931
- Citizens & Southern National Bank v. ScheiderCourt of Appeals of Georgia · 1976
- Throgmorton v. TrammellCourt of Appeals of Georgia · 1954
- Motor Contract Division of Trusco Finance Co. v. Southern Cotton Oil Co.Court of Appeals of Georgia · 1947
8 more not listed; retrieve them via the Exa API.