Paxson v. Planters Warehouse & Loan Co.
Court of Appeals of Georgia
Action on bond; from Wilcox superior court—Judge George. February 19, 1916. Jordan, a tenant of Parsons during the year 1911, made a promissory note as principal, with Parsons as surety, to Planters Warehouse & Loan Company, for the price of guano to be used on the crop of that year, secured by. mortgage on the crops of J ordan grown on the land of Parsons.
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Action on bond; from Wilcox superior court—Judge George. February 19, 1916. Jordan, a tenant of Parsons during the year 1911, made a promissory note as principal, with Parsons as surety, to Planters Warehouse & Loan Company, for the price of guano to be used on the crop of that year, secured by. mortgage on the crops of J ordan grown on the land of Parsons. Jordan proceeded to raise a crop of corn and cotton, and, having failed to pay the debt, the mortgage was foreclosed and his crop levied on; and he filed an affidavit of illegality and gave a bond with Paxson as surety. The affidavit of…
1Opinion of the CourtJenkins, J.
(After stating the foregoing facts.) An instrument may be void as a statutory bond and yet be good as a common-law obligation. Where the obligors have secured an advantage arising from its being treated as valid, they are not entitled to the additional advantage of having it treated as invalid. Wall v. Mount, 121 Ga. 831 (49 S. E. 778); Awtrey v. Campbell, 118 Ga. 464 (45 S. E. 301); Anderson v. Blair, 118 Ga. 211 (45 S. E. 28); Farmers Co-operative Mfg. Co. v. Middle Ga. Mfg. &c. Co., 94 Ga. 673 (20 S. E. 117); Salmon v. Lynn, 16 Ga. App. 298 (85 S. E. 203). This doctrine, which would estop…
2Cases cited12 opinions
- Luther v. ClaySupreme Court of Georgia · 1897
- Terrell v. StevensonSupreme Court of Georgia · 1895
- Norwich Union Fire Insurance Society v. WellhouseSupreme Court of Georgia · 1901
- Haber-Blum-Bloch Hat Co. v. FrieslebenCourt of Appeals of Georgia · 1908
- Wall v. MountSupreme Court of Georgia · 1905
7 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Hughes v. FieldSupreme Court of Georgia · 1933
- Ray v. CruceCourt of Appeals of Georgia · 1918
- Rust v. Producers Co-Operative Exchange, Inc.Court of Appeals of Georgia · 1950
- Fennell v. Davis, I.Court of Appeals of Georgia · 1925
- Metropolitan Life Insurance v. MonroeCourt of Appeals of Georgia · 1921
1 more not listed; retrieve them via the Exa API.