McDonald v. Bluthenthal & Bickart
Supreme Court of Georgia
Foreclosure of mortgage. Before Judge Lumpkin. Fulton superior court. January 9, 1902. Bluthenthal & Bickart instituted proceedings to foreclose a mortgage given to them by Mrs. McDonald.
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Foreclosure of mortgage. Before Judge Lumpkin. Fulton superior court. January 9, 1902. Bluthenthal & Bickart instituted proceedings to foreclose a mortgage given to them by Mrs. McDonald. In her plea she alleged,, that her husband had been in negotiation for the purchase of a barroom and fixtures from the plaintiffs ; that, being unable to give the required security, he repeatedly entreated her to furnish the security, she all the while protesting that she did not want to go on the notes as security, or have anything to do with the transaction; that she had little time to give thought to the…
1Opinion of the CourtLamar, J.
Where those who can read won’t read, and sign to their hurt, the fault is their own, and the courts must leave them to bear the consequences of their negligence. To this necessary rule an exception is made, where the failure to read is the result of *122any misrepresentation or device normally calculated to influence a prudent person. The allegations in the plea, as to the action by the husband, may have been sufficient to require the submission of the issue to the jury. Walton Co. v. Copelan, 112 Ga. 321. But the decision of the trial judge, in sustaining the demurrers, was not predicated solely…
2Cases cited4 opinions
- Walton Guano Co. v. CopelanSupreme Court of Georgia · 1900
- Klink v. BolandSupreme Court of Georgia · 1884
- Hull v. SullivanSupreme Court of Georgia · 1879
- Boland v. KlinkSupreme Court of Georgia · 1879
3Cited by10 opinions
- Stoddard Manufacturing Co. v. AdamsSupreme Court of Georgia · 1905
- Robinson Co. v. RiceCourt of Appeals of Georgia · 1929
- Gross v. SmithCourt of Appeals of Georgia · 1923
- Hutcheson v. MayCourt of Appeals of Georgia · 1930
- Hill Bros. v. BazemoreCourt of Appeals of Georgia · 1915
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