Byrd & Co. v. Marietta Fertilizer Co.
Supreme Court of Georgia
Complaint. Before Judge Russell. Gwinnett superior court. September 8, 1905. The Marietta Fertilizer Company brought suit against J. P. Byrd & Company upon three promissory notes under seal, claiming an indebtedness of $395.00 with interest.
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Complaint. Before Judge Russell. Gwinnett superior court. September 8, 1905. The Marietta Fertilizer Company brought suit against J. P. Byrd & Company upon three promissory notes under seal, claiming an indebtedness of $395.00 with interest. The defendants filed a plea wherein they admitted the making of the notes as set out in the petition, and alleged the following facts: Prior to the making of the notes defendants entered into a written contract, which had-been assigned to plaintiff, wherein defendants agreed to purchase a certain amount of guano which was to be shipped to defendants when…
1Opinion of the CourtCobb, P. J.
(After stating the facts.) The notes sued on were ordinary promissory notes. Each contained an absolute and unconditional promise to pay, at a stated time, a given sum of money. The plea set up that at the time these notes were given it was distinctly agreed that the amount to be paid was not at all events to be the amount stated in them. That is, the defendants were to pay whatever amounts were realized from the sale of the fertilizer which had been shipped to them; and if the sales produced an amount which was less than the aggregate amount of the notes,, they were only bound to pay that…
2Cases cited6 opinions
- Lunsford, Maxwell & Co. v. Malsby & AverySupreme Court of Georgia · 1897
- Hirsch v. OliverSupreme Court of Georgia · 1893
- Pitts v. AllenSupreme Court of Georgia · 1883
- Boynton v. TwittySupreme Court of Georgia · 1874
- Brewer v. GroganSupreme Court of Georgia · 1902
1 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Pittman v. PittmanSupreme Court of Georgia · 1943
- Gwinnett Commercial Bank v. FlakeCourt of Appeals of Georgia · 1979
- Hancock v. HancockSupreme Court of Georgia · 1949
- Weintraub v. COBB BANK & TRUST COMPANYSupreme Court of Georgia · 1982
- Cobb Bank & Trust Co. v. HenrySupreme Court of Georgia · 1980
20 more not listed; retrieve them via the Exa API.