Legal Opinion

Terrell v. McLean

Supreme Court of Georgia

Decided May 14, 1908PublishedCited by 14 opinions

Action on bond. Before Judge Martin. Telfair superior court. •June 20, 1907. This is a suit upon the bond of .William McLean, clerk of the superior court of Telfair county. In November, 1898, McLean procured a loan of $400 from William L. Bidwell, and gave his note for that amount, dated November 1, 1898, and maturing five years after date, secured by a deed executed conformably to the Civil Code, §§2771 et seq., to a lot of land in Telfair county.

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Action on bond. Before Judge Martin. Telfair superior court. •June 20, 1907. This is a suit upon the bond of .William McLean, clerk of the superior court of Telfair county. In November, 1898, McLean procured a loan of $400 from William L. Bidwell, and gave his note for that amount, dated November 1, 1898, and maturing five years after date, secured by a deed executed conformably to the Civil Code, §§2771 et seq., to a lot of land in Telfair county. After the note and the deed were duly signed by McLean, and before, the money was turned over to him, the deed was sent by Bidwell to McLean (who…

1Opinion of the CourtEvans, P. J.

(After stating the facts.)

1. The plaintiff submitted evidence tending to show that the lender would not have parted with his money but for his reliance upon the truth of the clerk’s certificate of registration. The plaintiff requested the court, in writing, to instruct the jury that ‘if they should believe from the evidence that the lender parted with his money to the clerk in reliance upon a certificate of the clerk, and that the loan would not have been consummated and tha money would not have been paid over but for the certificate, tha giving of the false certificate caused the injury and…

2Cases cited5 opinions

  1. Phelan v. . BradyNew York Court of Appeals · 1890
  2. Walker v. NeilSupreme Court of Georgia · 1903
  3. Mason v. Commissioners of Roads & RevenuesSupreme Court of Georgia · 1898
  4. People v. . KemmlerNew York Court of Appeals · 1890
  5. Neal v. JonesSupreme Court of Georgia · 1896

3Cited by14 opinions

  1. Hartford Accident & Indemnity Co. v. YoungCourt of Appeals of Georgia · 1930
  2. Gordon v. Georgia Kraft CompanySupreme Court of Georgia · 1962
  3. Neal-Blun Co. v. RogersSupreme Court of Georgia · 1914
  4. Armstrong v. WaltonSupreme Court of Georgia · 1918
  5. Atlanta & Charlotte Air-Line Railway Co. v. ColbertSupreme Court of Georgia · 1930

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