Jones v. Norton
Court of Appeals of Georgia
Complaint; from city court of Savannah — Judge Davis Freeman. August 4, 1910. This is a suit on promissory notes, to recover the principal, interest, and stipulated attorney’s fees. The petition contains three counts.
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Complaint; from city court of Savannah — Judge Davis Freeman. August 4, 1910. This is a suit on promissory notes, to recover the principal, interest, and stipulated attorney’s fees. The petition contains three counts. The first count alleges, in substance, that on August 6, 1909, the defendant, Jones, made and delivered to the Citizens & Southern Bank eleven notes for $200 each, due, respectively, from seven to seventeen months after date, and one note for $100, due eighteen months after date; that all of these notes were indorsed and transferred by the bank to the plaintiffs for value,…
1Opinion of the CourtHill, C. J.
(After stating the foregoing facts.)
- 1. Were all the notes sued on legally due when suit was brought? This question depends upon the right of the plaintiffs to declare all the notes to be due on default in the payment of any one of them. The mortgage executed by Jones to the Nortons to secure them in their indorsement of his notes to the bank contained a covenant that if default should be made in the payment of any of the notes made to the bank, and which were therein described, the Nortons would, at their option, have the right to declare the whole remaining indebtedness due and payable at…
2Cases cited10 opinions
- Harris v. PowersSupreme Court of Georgia · 1907
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- Smith v. ChampionSupreme Court of Georgia · 1897
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3Cited by8 opinions
- Lee v. O'QuinnSupreme Court of Georgia · 1937
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