Legal Opinion

Hogan v. Brown & Co.

Supreme Court of Georgia

Decided January 26, 1901PublishedCited by 15 opinions

Complaint — certiorari. Before Judge Lumpkin. Fulton superior court. January 26, 1900.

1Opinion of the CourtLumpkin, P. J.

1. One who executed and delivered a promissory note in renewal of a balance due upon a like note previously given for the purchase of personalty, and who at the time of giving the second note knew that this personalty was when purchased defective or worthless, was not, in defense to an action on that note, entitled to set up that the consideration thereof had failed because of the defectiveness or worthlessness of the property. See Atlanta etc. Co. v. Hutchinson, 109 Ga. 550, and cases cited on page 552.

2. The foregoing disposes of the only question presented by the petition for certiorari in…

2Cases cited1 opinion

  1. Atlanta Consolidated Bottling Co. v. Hutchinson & SonsSupreme Court of Georgia · 1900

3Cited by15 opinions

  1. Hatten R. Co. v. Baylies Et Ux.Wyoming Supreme Court · 1930
  2. McDaniel v. Mallary Bros. Machinery Co.Court of Appeals of Georgia · 1909
  3. Coast Scopitone, Inc. v. SelfCourt of Appeals of Georgia · 1972
  4. E. H. Taylor, Jr., & Sons, Inc. v. First Nat. Bank of AuroraCourt of Appeals for the Sixth Circuit · 1914
  5. Neal v. CraySupreme Court of Georgia · 1905

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