Jones v. Crawford
Court of Appeals of Georgia
Complaint; from city court of Cairo — Judge Willie. July 19, ■ 1916. The Bank of Whigham sued R. H. Jones on his promissory note, payable “to the order of myself,” and indorsed by him and others, the bank alleging that it was the holder and owner of the note, and that the note was due and unpaid. The defendant filed a plea in which he admitted a prima facie ease in the plaintiff, and assumed the burden of,proving his defenses.
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Complaint; from city court of Cairo — Judge Willie. July 19, ■ 1916. The Bank of Whigham sued R. H. Jones on his promissory note, payable “to the order of myself,” and indorsed by him and others, the bank alleging that it was the holder and owner of the note, and that the note was due and unpaid. The defendant filed a plea in which he admitted a prima facie ease in the plaintiff, and assumed the burden of,proving his defenses. He further pleaded that the note was void because it was given for a part payment of-the first premium on an insurance policy, and that the agent of the insurance…
1Opinion of the CourtBloodworth, J.
(After stating the foregoing facts.) It is of course neither illegal, immoral, nor criminal for an insurance agent, in good faith, to take a note for the full amount of the first premium on the policy sold, but in the instant ease the plea alleges that a note was taken, due at a future date, without interest, for an amount less than the premium, and the amount of this deduction and the failure to charge interest was a rebate given the insured; and it is insisted that it was unlawful for the agent to give this rebate, and that, as the note is a part of this “illegal, immoral, and criminal…
2Cases cited14 opinions
- Howell ex rel. Jones v. FountainSupreme Court of Georgia · 1847
- Cunningham v. National BankSupreme Court of Georgia · 1883
- Polk v. JamesSupreme Court of Georgia · 1881
- Heffron v. DalyMichigan Supreme Court · 1903
- Rhodes v. BeallSupreme Court of Georgia · 1884
9 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Benson v. Georgian Co.Court of Appeals of Georgia · 1917
- Peoples Loan & Finance Corp. v. LatimerSupreme Court of Georgia · 1937
- Allen v. OwenCourt of Appeals of Georgia · 1939
- Latimer v. Peoples Loan & Finance Corp.Court of Appeals of Georgia · 1936