Campbell v. Walker
Court of Appeals of Georgia
Complaint; from city court of Macon.—Judge Guerry. September 18, 1916. Suit on three promissory notes payable to B. S. Walker Jr., one of which was for $180, was brought against the maker, E. W. Campbell, by the executrix of the payee.
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Complaint; from city court of Macon.—Judge Guerry. September 18, 1916. Suit on three promissory notes payable to B. S. Walker Jr., one of which was for $180, was brought against the maker, E. W. Campbell, by the executrix of the payee. The defendant pleaded that the notes were for the purchase price of land, for which the payee gave him a bond for title, and that the sale was revoked and the land surrendered to the payee of the notes under an agreement that the defendant was to pay the $180 note and. be released from payment of the other notes; and that he paid the $180 note and was not…
1Opinion of the CourtBloodworth, J.
1. Suit was brought by Mrs. Marie Stevens Walker, executrix of the estate of B. Sanders Walker Jr., against E. W. Campbell on three notes, one of which was indorsed by J. A. Jordan. Jordan was offered as a witness by defendant to prove certain statements made to him, and certain transactions had with him by the deceased, and was properly held incompetent to testify. Civil Code of 1910, § 5858 (1), (4); McIntyre v. Jones, 17 Ga. App. 760 (88 S. E. 419); Staton v. Exchange Bank,. 15 Ga. App. 137 (83 S. E. 784). See also Carroll v. Barber, 119 Ga. 856 (47 S. E. 181).
3. The defendant having…
2Cases cited8 opinions
- Dowdy v. Watson & LewisSupreme Court of Georgia · 1902
- Hill v. MerrittSupreme Court of Georgia · 1916
- Carroll v. BarberSupreme Court of Georgia · 1904
- Youmans v. Georgia & Florida Railway Co.Supreme Court of Georgia · 1914
- Broadfoot v. City of FayettevilleSupreme Court of North Carolina · 1901
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3Cited by18 opinions
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- Bentley v. Southern Railway Co.Court of Appeals of Georgia · 1935
- Cathey v. StateCourt of Appeals of Georgia · 1922
- Wade v. RobertsCourt of Appeals of Georgia · 1954
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