Thompson v. Growers Finance Corp.
Court of Appeals of Georgia
1Opinion of the CourtJenkins, P. J.
1. “An intentional and fraudulent insertion of additional property in a chattel mortgage by the mortgagee renders the instrument void.” Bedgood-Howell Co. v. Moore, 123 Ga. 336 (51 S. E. 420). Under section 4296 of the Civil Code (1910), an intentional, material alteration by a party claiming a benefit under a written contract, with intent to defraud the other party, does not ipso facto render the instrument void, but it may be made so “at the option of the other party.” The effect, however, as to the entire contract, is the same, and the offending party, in an action at law against the…
2Cases cited11 opinions
- Harden v. LangSupreme Court of Georgia · 1900
- Tilley v. CoxSupreme Court of Georgia · 1904
- Shaw v. ProbascoSupreme Court of Georgia · 1913
- Probasco v. ShawSupreme Court of Georgia · 1915
- Glover v. GreenSupreme Court of Georgia · 1895
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3Cited by7 opinions
- Jones v. CarteeCourt of Appeals of Georgia · 1997
- Roller-Ice, Inc. v. Skating Clubs of Georgia, Inc.Court of Appeals of Georgia · 1989
- Jackson v. StateCourt of Appeals of Georgia · 1937
- Southern Grocery Stores Inc. v. KelleyCourt of Appeals of Georgia · 1937
- Cumberlander v. StateCourt of Appeals of Georgia · 1936
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