Jones v. Owens
Supreme Court of Georgia
Certiorari; from Court of Appeals. %% Ga. App. 558 (96 S. E. 444). ■ Buchanan sold a house and lot to Jones and his wife, giving them a bond for title, and taking notes for the purchase-money. For value these notes were transferred to Owens. The purchasers of the property transferred their bond for 'title to one Smith. Smith agreed to assume the debt represented by the notes of Jones and his wife, and agreed to pay the debt.
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Certiorari; from Court of Appeals. %% Ga. App. 558 (96 S. E. 444). ■ Buchanan sold a house and lot to Jones and his wife, giving them a bond for title, and taking notes for the purchase-money. For value these notes were transferred to Owens. The purchasers of the property transferred their bond for 'title to one Smith. Smith agreed to assume the debt represented by the notes of Jones and his wife, and agreed to pay the debt. Subsequently Owens, for a valuable consideration, which was in part receiving additional security, extended the time for the payment of the notes. Smith failed to pay the…
1Opinion of the CourtBeck, P. J.
(After giving the foregoing statement of facts.)
1. The Court of Appeals properly affirmed the judgment of the court below sustaining the demurrer to the defense based upon the defendant’s contention, that they were mere sureties upon the notes given for the purchase-money of.the property in question and sued upon by Owens, the holder.
2. But we are of the opinion that the defense set up by way of amendment, based upon the ground that the notes were un*74enforceable because they were based upon an illegal and immoral consideration, was meritorious, and the trial court erred in sustaining the…
2Cases cited4 opinions
- Watkins v. NugenSupreme Court of Georgia · 1903
- Harris v. Barfield Music HouseCourt of Appeals of Georgia · 1916
- Kessler v. PearsonSupreme Court of Georgia · 1906
- Abbott Furniture Co. v. MobleySupreme Court of Georgia · 1914
3Cited by7 opinions
- Stapler v. AndersonSupreme Court of Georgia · 1933
- Alexander v. WingettMontana Supreme Court · 1922
- Whelchel v. RoarkCourt of Appeals of Georgia · 1923
- Wrenn v. Massell Realty Co.Court of Appeals of Georgia · 1934
- Burgess v. Ohio National Life InsuranceCourt of Appeals of Georgia · 1934
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