Russell v. Smith Bros.
Supreme Court of Georgia
Action on draft. Before Judge Bower. Decatur superior court. November term, 1894. Smith Brothers sued Russell upon a draft for $102.58, drawn upon a bank, signed by Russell. Written above the draft on the same piece of paper, and bearing the same date, was a receipt from Smith Brothers to Russell for $102.58 “in payment of account of A. F. Prevatt & Co.” The court directed a verdict for the plaintiffs, and Russell excepted.
Read the full summary
Action on draft. Before Judge Bower. Decatur superior court. November term, 1894. Smith Brothers sued Russell upon a draft for $102.58, drawn upon a bank, signed by Russell. Written above the draft on the same piece of paper, and bearing the same date, was a receipt from Smith Brothers to Russell for $102.58 “in payment of account of A. F. Prevatt & Co.” The court directed a verdict for the plaintiffs, and Russell excepted. Fie testified as follows: Burkett, managed a business in this town (Bainbridge) for his wife under the name of Prevatt & Co. He and I went to Thomasville on some business.…
1Opinion of the CourtLumpkin, J.
1. Where one voluntarily and without consideration gave his draft in payment of the debt of another, for which the drawer was in no way bound or responsible, there being upon the paper upon which the draft was written a receipt signed by the payee acknowledging payment in full of the debt in satisfaction of which the draft was given, but it being understood between the parties that this receipt was not to become effective until the draft was actually paid; and where shortly after such draft was delivered and before it was presented for payment or anything to the injury of the payee had…
2Cited by4 opinions
- Saul v. Southern Seating & Cabinet Co.Court of Appeals of Georgia · 1909
- Wright v. ThreattSupreme Court of Georgia · 1917
- Southern Crushed Stone & Granite Co. v. DornCourt of Appeals of Georgia · 1927
- Brooks v. Key & TownsendCourt of Appeals of Georgia · 1925