Draper v. Medlock
Supreme Court of Georgia
Complaint. Before Judge Russell. Gwinnett superior court-June 4, 1904. Moore, Marsh & Company brought suit against Medlock, in the city court of Gwinnett county, on three promissory notes which he had made to them.
Read the full summary
Complaint. Before Judge Russell. Gwinnett superior court-June 4, 1904. Moore, Marsh & Company brought suit against Medlock, in the city court of Gwinnett county, on three promissory notes which he had made to them. He filed a plea in which he alleged, in substfince, that he had turned over to the plaintiffs, as collateral security for the payment of these notes, a certain note made to him by W. I. Zachry and J. L. Richmond, and that the plaintiffs, without his consent, extended the time of payment of that note, and he was thereby discharged from liability to the extent of the amount thereof;…
1Opinion of the CourtFish, P. J.
1. The plea of “res adjudicata” in the present case is more properly a plea of estoppel by judgment, as the decree relied on in support of the plea was not rendered in a case involving the same cause of action. Medlock’s equitable action against Moore, Marsh & Company, in which this decree was rendered, was brought for the purpose of setting up his defenses to the suit which they had- instituted against him in the city court of Gwinnett county, upon the three promissory notes which he indi*237vidually had executed to them, and obtaining certain equitable relief, such as the cancellation of a…
2Cases cited11 opinions
- Russell v. PlaceSupreme Court of the United States · 1877
- De Sollar v. HanscomeSupreme Court of the United States · 1895
- Worth v. CarmichaelSupreme Court of Georgia · 1902
- Butler v. Tifton, Thomasville & Gulf Railway Co.Supreme Court of Georgia · 1905
- Augir v. RyanSupreme Court of Minnesota · 1896
6 more not listed; retrieve them via the Exa API.
3Cited by57 opinions
- Prall v. PrallSupreme Court of Florida · 1909
- Smith v. WoodCourt of Appeals of Georgia · 1967
- Kelliher v. Stone & Webster, Inc.Court of Appeals for the Fifth Circuit · 1935
- Spence v. ErwinSupreme Court of Georgia · 1946
- Callaway v. IrvinSupreme Court of Georgia · 1905
52 more not listed; retrieve them via the Exa API.