Edenfield v. Canady
Supreme Court of Georgia
Statute of frauds. Contracts. New trial. Before Judge Johnson. Emanuel Superior Court. October Adjourned Term, 1877. Edenfield sold goods fo Daniels to the amount of $50.00, and charged them to Tiim on his books. Canady was indebted to Daniels in a like amount. Upon Canady’s request, Edenfield gave Daniels credit for $50.00, and charged the same to Canady. This was with the consent of Daniels. The indebtedness of Canady to Daniels was based on a gaming consideration.
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Statute of frauds. Contracts. New trial. Before Judge Johnson. Emanuel Superior Court. October Adjourned Term, 1877. Edenfield sold goods fo Daniels to the amount of $50.00, and charged them to Tiim on his books. Canady was indebted to Daniels in a like amount. Upon Canady’s request, Edenfield gave Daniels credit for $50.00, and charged the same to Canady. This was with the consent of Daniels. The indebtedness of Canady to Daniels was based on a gaming consideration. Whether this fact was known to Eden-field at the time of the change in the debtors, the evidence was conflicting. Canady having…
1Opinion of the Court
Bleckley, Judge.
1. The substitution of debtor for debtor is not infrequent, and there is a place for it in the law. The undertaking in such case is not collateral, but original, and performance may be enforced as between the new parties, no matter what equities between the primary contractors may have existed. See 20 Ga., 403 ; 40 Ib., 65 ; 55 Ib., 277.
2. The motive to the substitution is immaterial. That one set of parties had between them a gaming contract, which was illegal and void, will not hinder the substitution from being effective by way of estoppel, if the legal creditor discharged…
2Cases cited2 opinions
- Brown v. HarrisSupreme Court of Georgia · 1856
- Harris & Price v. YoungSupreme Court of Georgia · 1869
3Cited by8 opinions
- Anderson v. SpenceIndiana Supreme Court · 1880
- Smith v. BraggSupreme Court of Georgia · 1882
- Howell v. FieldSupreme Court of Georgia · 1883
- Sapp v. FairclothSupreme Court of Georgia · 1883
- Scott v. WardCourt of Appeals of Georgia · 1918
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