Cook v. Hightower & Son
Court of Appeals of Georgia
Complaint; from city court, of Miller county — Judge Rambo presiding. February 27, 1912. Tbe plea which the court struck made the following averments: T. E. Hightower, who is a member of the firm of T. E. Hightower & Company as well as a member of the firm of Hightower & Son, and plaintiff in this case, accused the defendant’s husband of stealing a suit of clothes, and threatened to prosecute him unless she gave the note sued on; and after said plaintiff had harassed her for…
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Complaint; from city court, of Miller county — Judge Rambo presiding. February 27, 1912. Tbe plea which the court struck made the following averments: T. E. Hightower, who is a member of the firm of T. E. Hightower & Company as well as a member of the firm of Hightower & Son, and plaintiff in this case, accused the defendant’s husband of stealing a suit of clothes, and threatened to prosecute him unless she gave the note sued on; and after said plaintiff had harassed her for more than two months by threatening to prosecute her husband for larceny, and telling her that if she gave the note…
1Opinion of the CourtHill, C. J.
The pleas in these cases contain the defenses: (1) that the notes sued, on were obtained from the defendant by duress and threats, and to settle a criminal prosecution against her husband, and' were not her contract; (2) that the notes were made to pay her husband’s debt, and were therefore void. In each case the trial judge, on oral motion, struck the first plea, and the case went to trial on the issue made by the other plea. Held: (1) The pleas setting up duress and illegality of consideration, in avoidance of the notes, were sufficiently full and specific in their allegations, and the…
2Cases cited11 opinions
- Jones v. Dannenberg Co.Supreme Court of Georgia · 1900
- Bond v. KiddSupreme Court of Georgia · 1905
- Mallory v. Royston BankSupreme Court of Georgia · 1911
- Chandler v. JohnsonSupreme Court of Georgia · 1869
- Bond v. KiddCourt of Appeals of Georgia · 1907
6 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Cook v. Hightower & Co.Court of Appeals of Georgia · 1913