Gunn v. Wilson Co.
Court of Appeals of Georgia
Complaint; from city court of Bainbridge—Judge Spooner, September 26, 1916.
1Opinion
ON MOTION 3TOR REHEARING.
The decision of the court in this case was originally expressed in the foregoing headnotes. In view of the motion for rehearing, some elaboration of the principles therein stated is deemed appropriate. While it will be observed, from certain of the citations given in the headnotes, that in some jurisdictions the rule obtains that, in order for a defendant to avoid the legal effect of signing such an obligation as is here sued upon, on the ground of want of *15capacity to incur the liability charged, such defense must be specially pleaded, this court did not so hold in…
2Cases cited21 opinions
- Johnson v. J. S. &. W. H. LatimerSupreme Court of Georgia · 1884
- Kollock v. WebbSupreme Court of Georgia · 1901
- Crittenden v. Southern Home Building & Loan Ass'nSupreme Court of Georgia · 1900
- Tift v. Wight & Weslosky Co.Supreme Court of Georgia · 1901
- Atlantic Coast Line R. v. BlalockCourt of Appeals of Georgia · 1910
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