Legal Opinion
Wilson v. McAteer
Supreme Court of Georgia
Decided April 10, 1950No. 17034PublishedCited by 6 opinions
1Opinion of the Court
Head, Justice.
1. The plaintiff seeks cancellation of his note to the bank, which was paid by the indorser, McAteer, and transferred to him by the bank. The plaintiff does not allege that he has paid or tendered to the defendant McAteer the amount of his note to the bank, plus interest, nor are any facts alleged to show that a tender, if made, would be refused by the defendant. “He who would have equity must do equity.” Code, § 37-104. Equity will not decree the cancellation of an instrument where anything of value has been received until repayment is either made or tendered, or the defendant…
2Cases cited8 opinions
- Miller v. CottenSupreme Court of Georgia · 1848
- Petty v. Brunswick & Western Railway Co.Supreme Court of Georgia · 1900
- Ansley v. HightowerSupreme Court of Georgia · 1904
- Southern Railway Co. v. HillSupreme Court of Georgia · 1913
- Walker v. WalkerSupreme Court of Georgia · 1913
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Brown v. Techdata Corp.Supreme Court of Georgia · 1977
- Taylor, Bean & Whitaker Mortgage Corp. v. BrownSupreme Court of Georgia · 2003
- Coile v. Finance Company of AmericaSupreme Court of Georgia · 1965
- Craft's Ocean Court, Inc. v. Coast House Ltd.Supreme Court of Georgia · 1986
- Dimmick v. PullenSupreme Court of Georgia · 1968
1 more not listed; retrieve them via the Exa API.