Tanner v. Lee
Supreme Court of Georgia
Complaint. Before Judge Freeman. Troup superior court. March 19, 1904. Viney and her husband, Jacob Tanner were indebted to the plaintiff Lee. The wife’s debt was represented by a note, and that of the husband by an account and also by a mortgage. ' Lee brought suit against the wife on the note. She pleaded payment of a certain sum for which she claimed credit.
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Complaint. Before Judge Freeman. Troup superior court. March 19, 1904. Viney and her husband, Jacob Tanner were indebted to the plaintiff Lee. The wife’s debt was represented by a note, and that of the husband by an account and also by a mortgage. ' Lee brought suit against the wife on the note. She pleaded payment of a certain sum for which she claimed credit. Her evidence tended to show that she had given her husband certain money with instructions to hand the same to the plaintiff as a payment, on the. note. The husband testified that he let the plaintiff know that the money belonged to…
1Opinion of the CourtLamar, J.
If, when the cash was received and applied as a credit on the debt of the husband, the plaintiff had notice that the money actually belonged to the wife, she would have been entitled to a verdict on her plea of payment. If, however, he had no such notice, but took the money bona fide as a part payment on a pre-existing debt, then she was not entitled to the credit claimed nor to a judgment against him for the amount so received. If the. creditor’s title to this money could be thus defeated without proof of notice-of the defendant’s interest therein, so likewise could the title of the…
2Cases cited5 opinions
- Chason v. AndersonSupreme Court of Georgia · 1904
- Gibson v. ConnerSupreme Court of Georgia · 1847
- Newhall v. . WyattNew York Court of Appeals · 1893
- Partridge v. Williams' SonsSupreme Court of Georgia · 1884
- Cloud v. KendrickSupreme Court of Georgia · 1889
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