Slaton v. Fowler
Supreme Court of Georgia
Complaint. Before Judge Fite. Gordon superior court. April 10, 1905. Slaton, as indorsee of certain promissory notes amounting to eighty dollars, given by J. S. Fowler to the Cable Company for the purchase-money of an organ, brought suit against the maker, in a justice’s court. The notes were under seal. The case was carried to the superior court by appeal.
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Complaint. Before Judge Fite. Gordon superior court. April 10, 1905. Slaton, as indorsee of certain promissory notes amounting to eighty dollars, given by J. S. Fowler to the Cable Company for the purchase-money of an organ, brought suit against the maker, in a justice’s court. The notes were under seal. The case was carried to the superior court by appeal. The defendant pleaded failure of consideration, and that he had already paid fifteen dollars on the purchase-money, which he pleaded as a “set-off.” • On the trial the evidence was conflicting. That on behalf of the defendant tended to…
1Opinion of the Court
LüMPKIN, J.
Our decision in regard to some of the questions involved in this case will sufficiently appear from the headnotes. It is only necessary to add that at common law, as a general rule, a seal imported a consideration, and a contract under seal was not open to attack on the ground that it was without consideration. Whether this rule applies to a promissory note under seal so as to prevent a plea of want of consideration, or whether the seal only raises, a presumption of a consideration, which can be rebutted, has never been definitely decided in this State; but it has been held that…
2Cases cited2 opinions
- Sivell v. HoganSupreme Court of Georgia · 1903
- Albertson v. Halloway ex rel. HalliburtonSupreme Court of Georgia · 1854
3Cited by21 opinions
- Trustees of Jesse Parker Williams Hospital v. NisbetSupreme Court of Georgia · 1940
- Smith v. MerckSupreme Court of Georgia · 1950
- McLendon v. Reynolds Grocery Co.Supreme Court of Georgia · 1925
- Bitting v. StateSupreme Court of Georgia · 1927
- Lacey v. HutchinsonCourt of Appeals of Georgia · 1909
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