Belmont Farm v. Dobbs Hardware Co.
Supreme Court of Georgia
Complaint, etc. Before Judge Gober. Cobb superior court.. May 1, 1905. The Dobbs Hardware Company instituted suit, declaring upon a. lien as contractor, mechanic, and materialman, and upon an open account, setting out by items the work done and material used, and their cost, thus showing a total indebtedness of $613.53, for which it prayed a general judgment and the establishment of its lien upon the improvements and the real estate on which they were situated.
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Complaint, etc. Before Judge Gober. Cobb superior court.. May 1, 1905. The Dobbs Hardware Company instituted suit, declaring upon a. lien as contractor, mechanic, and materialman, and upon an open account, setting out by items the work done and material used, and their cost, thus showing a total indebtedness of $613.53, for which it prayed a general judgment and the establishment of its lien upon the improvements and the real estate on which they were situated. It was alleged, that, a few days after the contract was completed, the defendant gave to the plaintiff, “for a part of said account,”…
1Opinion of the CourtAtkinson, J.
1. The fourth ground of the motion for new trial complains that the giving of the note discharged the lien pro tanto. It is well settled that, in the absence of an express agreement between the parties to the effect that the note shall be an extinguishment of the original debt, the debt does not become extinguished until the note is actually paid. Hodges v. Smith, 118 Ga. 789; Brantley Co. v. Lee, 109 Ga. 478; Jackson v. Brown, 102 Ga. 87; Norton v. Paragon Oil Can Co., 98 Ga. 468. There was no such express agreement in this case, and consequently there was no discharge of debt by which a…
2Cases cited6 opinions
- Moultrie Repair Co. v. HillSupreme Court of Georgia · 1904
- Balkcom v. Empire Lumber Co.Supreme Court of Georgia · 1893
- Norton v. Paragon Oil Can Co.Supreme Court of Georgia · 1896
- Jackson v. BrownSupreme Court of Georgia · 1897
- Hodges v. SmithSupreme Court of Georgia · 1903
1 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Coaling Coal & Coke Co. v. HowardSupreme Court of Georgia · 1908
- Brooks v. JackinsCourt of Appeals of Georgia · 1928
- Colfax Gin Co. v. Buckeye Cotton Oil Co.Court of Appeals of Georgia · 1919
- Blackshear Manufacturing Co. v. HarrellSupreme Court of Georgia · 1940
- Standard Cooperage Co. v. O'NeillSupreme Court of Georgia · 1916
10 more not listed; retrieve them via the Exa API.