Adams v. Williams
Supreme Court of Georgia
Complaint. Before Judge Bennet. City court of Quitman. January 30, 1905. This ease was dismissed on demurrer in the trial court, as to one of the defendants to the action, and exception is taken to the judgment sustaining the demurrer.
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Complaint. Before Judge Bennet. City court of Quitman. January 30, 1905. This ease was dismissed on demurrer in the trial court, as to one of the defendants to the action, and exception is taken to the judgment sustaining the demurrer. The plaintiff, W. L. Adams, as surviving partner of the firm of Brice & Adams, brought suit against J. C. Mosely, of Brooks county, and W. W. Williams, of Washington county, claiming that they were indebted to him in the principal sum of $169.40, by reason of the following facts: On February 25, 1903, the firm of Brice & Adams, then doing business in the town…
1Opinion of the CourtEvans, J.
(After stating the facts.) On the argument here, counsel for the plaintiff in error characterized the written instrument addressed to J. C. Mosely and signed by W. W. Williams as a “letter of credit," notwithstanding it did not name the amount for which credit could be extended (Hopkins v. Cooper, 28 Ga. 392), and purported to be a proposal to sign a guano note (Scribner v. Rutherford, 65 Iowa, 551), instead of being couched in the usual form of an absolute undertaking to pay the money advanced or the amount for which credit might be given .upon the faith of the writing. See 18 Am. & Eng.…
2Cases cited6 opinions
- Turk v. CookSupreme Court of Georgia · 1879
- Steele v. GatlinSupreme Court of Georgia · 1902
- Hopkins, Allen & Co. v. Cooper & GilliLandSupreme Court of Georgia · 1859
- Renfroe v. ShumanSupreme Court of Georgia · 1894
- Scribner, Burroughs & Co. v. RutherfordSupreme Court of Iowa · 1885
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
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- Georgia Casualty Co. v. Dixie Trust & Security Co.Court of Appeals of Georgia · 1919
- Smith v. United Insurance Co. of AmericaCourt of Appeals of Georgia · 1984
- Swann Davis Co. v. StantonCourt of Appeals of Georgia · 1910
- Fletcher Guano Co. v. BurnsideSupreme Court of Georgia · 1914
1 more not listed; retrieve them via the Exa API.