Villa Rica Lumber Co. v. Paratain
Supreme Court of Georgia
Complaint. Before Judge Janes. Paulding superior court. January term, 1892. The Villa Rica Lumber Company sued Mrs. Paratain upon a mortgage note. Defendant pleaded the general issue, no consideration, and that the note and mortgage were executed and delivered for a debt due plaintiff by Holcombe, her son-in-law, she being a married woman. The case was submitted to the judge without a jury.
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Complaint. Before Judge Janes. Paulding superior court. January term, 1892. The Villa Rica Lumber Company sued Mrs. Paratain upon a mortgage note. Defendant pleaded the general issue, no consideration, and that the note and mortgage were executed and delivered for a debt due plaintiff by Holcombe, her son-in-law, she being a married woman. The case was submitted to the judge without a jury. He held that the note sued on was given as security for the debt of another and was therefore void, defendant being a married woman. Plaintiff excepted. The note was dated August 24, 1889, due November 15,…
1Opinion of the Court
*371 Judgment reversed.
Robertson testified: He was a member of the plaintiff firm. The note was not given to plaintiff as security for a debt due it by Holcombe. Holcombe had been buying supplies for his family and hands and stock from plaintiff, and plaintiff had been buying his lumber. About the middle of August, 1889, Holcombe had to shut down his mill because he could not pay his debts, nor get his engine, and on August 17th, plaintiff quit furnishing him supplies. Then he stated to plaintiff he could get his sister and mother-in-law to give plaintiff their notes secured by mortgages, if…
2Cited by10 opinions
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