Burkhalter v. Perry & Brown
Supreme Court of Georgia
Complaint. Before Judge Crisp. City court of Americus. Perry & Brown brought suit against Mose Walters, Ed. Walters, and Mrs. Lula H. Burkhalter, alleging that the defendants were indebted to plaintiff in the sum of $182.97 as principal, besides interest and attorney’s fees, on a certain promissory note, dated May 3, 19.02, and due September 1 after date, for $225, signed by Mose and Ed Walters and D. C. N. Burkhalter, agent, a copy of which is as follows: “225.00 Americus,…
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Complaint. Before Judge Crisp. City court of Americus. Perry & Brown brought suit against Mose Walters, Ed. Walters, and Mrs. Lula H. Burkhalter, alleging that the defendants were indebted to plaintiff in the sum of $182.97 as principal, besides interest and attorney’s fees, on a certain promissory note, dated May 3, 19.02, and due September 1 after date, for $225, signed by Mose and Ed Walters and D. C. N. Burkhalter, agent, a copy of which is as follows: “225.00 Americus, G-a., May 3rd, 1902. On or before the first day of September next, we promise to pay Perry & Brown, or bearer, two…
1Opinion of the CourtEvans, J.
(After stating the facts.) The note which is the basis of the plaintiffs’ suit is not a contract under seal. While ■after each signature there is the device “(L.S.),” still there is no recital in the face of the instrument that it is to be under seal. In order to render a promissory note a sealed instrument, it must •be so recited in the body of the note; the mere addition of a seal, ■or a device “(L.S.),” after the signature of the maker is insufficient. Jackson v. Augusta Sou. R. Co., 125 Ga. 801. For the present we will not stop to inquire whether the instrument sued •on loses its…
2Cases cited6 opinions
- Metcalf v. WilliamsSupreme Court of the United States · 1881
- Raleigh & Gaston Railroad v. Pullman Co.Supreme Court of Georgia · 1905
- Merchants' Bank v. Central BankSupreme Court of Georgia · 1846
- Graham v. CampbellSupreme Court of Georgia · 1876
- Jackson v. Augusta Southern RailroadSupreme Court of Georgia · 1906
1 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Pearson v. HorneSupreme Court of Georgia · 1913
- McFarland v. ShawTexas Commission of Appeals · 1932
- Powell v. Ferguson Tile & Terrazzo Co.Court of Appeals of Georgia · 1972
- Baxley Hardware Co. v. MorrisSupreme Court of Georgia · 1927
- McRitchie v. Atlanta Trust Co.Supreme Court of Georgia · 1930
19 more not listed; retrieve them via the Exa API.