Albertson v. Halloway ex rel. Halliburton
Supreme Court of Georgia
Debt, in Houston Superior Court. Tried before Judge Powers, April Term, 1854. This was an action of debt, brought by Thomas Halloway, for the use of David Halliburton, against Ichabod H. Albert-son and Stephen Brown, on the following note: “ On or before the first day of January next, we or either of us promise to pay, or cause to be paid, unto James Halloway, the sum of Eleven Hundred and Fifty Dollars, for value received.
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Debt, in Houston Superior Court. Tried before Judge Powers, April Term, 1854. This was an action of debt, brought by Thomas Halloway, for the use of David Halliburton, against Ichabod H. Albert-son and Stephen Brown, on the following note: “ On or before the first day of January next, we or either of us promise to pay, or cause to be paid, unto James Halloway, the sum of Eleven Hundred and Fifty Dollars, for value received. Witness our hand and seal, this the 12th day of March, 1847. ICHABOD H. ALBERTSON, [l. s.] STEPHEN BROWN, Sec’ty. Witness, D. P. Small'.” To this action the defendants…
1Opinion of the Court
By the Court.
Starnes, J.
delivering the opinion.
[1.] We believe that the rule, that a plea of failure of consideration cannot be used as a defence to a specialty, applies to no other instruments, save such as were known to the Common Law as specialties; as deeds, bonds and instruments exe•■euted with like solemnities of sealing and delivery.
It has been common for Courts to say that such defence cannot be set up to an instrument under seal. But we think that these words were used, or should have been used, with reference to such instruments as were executed with the ceremonies -necessary to…
2Cited by11 opinions
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- Sivell v. HoganSupreme Court of Georgia · 1903
- Martin v. Bartow Iron WorksSupreme Court of Georgia · 1867
- Lacey v. HutchinsonCourt of Appeals of Georgia · 1909
- Slaton v. FowlerSupreme Court of Georgia · 1906
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