Dyar v. Walton, Whann & Co.
Supreme Court of Georgia
Evidence. Contracts. Fraud. Equity. Mistake. Negligence. Before Judge Fain. Bartow Superior Court. January Term, 1887. Reported in the decision.
1Opinion of the Court
Bleckley, Chief Justice.
Dyar, having been an agent for selling fertilizers on time for cotton, and for collecting the cotton when due and forwarding it to his principals, settled up with them on July 5th, 1S82, gave his four notes under seal for the balance they claimed, aggregating $356.55, each note concluding with a mortgage upon realty as security for its payment; and the notes having matured, he resisted a *467foreclosure of the mortgages, contending that the real balance against him was only $29.55. The notes all bore interest from date, and promised ten per cent, additional for attorneys’…
2Cases cited2 opinions
- Bostwick v. Duncan, Johnston & Co.Supreme Court of Georgia · 1878
- Pattison v. Albany Building & Loan Ass'nSupreme Court of Georgia · 1879
3Cited by27 opinions
- Walton Guano Co. v. CopelanSupreme Court of Georgia · 1900
- Mendel v. Converse & Co.Court of Appeals of Georgia · 1923
- Central of Georgia Railway Co. v. GortatowskySupreme Court of Georgia · 1905
- Union Machinery & Supply Co. v. DarnellWashington Supreme Court · 1916
- Dh Overmyer Company, Inc. v. Joe Summers Roofing Company, Inc.Court of Appeals of Georgia · 1969
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