Turner Lumber Co. v. Henderson Lumber Co.
Court of Appeals of Georgia
Complaint; from Irwin superior court—Judge George. August 18, 1916. The J. C. Turner Lumber Company, as transferee, sued the Henderson Lumber Company upon a promissory note of the Dickson-Henderson Lumber Company (the name of which was changed to Henderson Lumber Company), for $6,860 principal, besides interest and attorneys’ fees, dated December 11, 1907, and payable June 10, 1908, to the Taylor-Cook Cypress Company.
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Complaint; from Irwin superior court—Judge George. August 18, 1916. The J. C. Turner Lumber Company, as transferee, sued the Henderson Lumber Company upon a promissory note of the Dickson-Henderson Lumber Company (the name of which was changed to Henderson Lumber Company), for $6,860 principal, besides interest and attorneys’ fees, dated December 11, 1907, and payable June 10, 1908, to the Taylor-Cook Cypress Company. The note recites that it “is a renewal of note given for timber on lot 165 in 4th district Irwin county, Georgia, under contract dated Aug. 13th, 1906.” A deed dated August 13,…
1Opinion of the CourtJenkins, J.
(After stating the foregoing facts.)
1. If the conveyance which constituted the consideration of the original note was merely of such right, title, and interest in the timber described as belonged to the grantor, then the maker of the note could not plead a failure of consideration, by reason of the assertion of the enforcement of a paramount title outstanding against the grantor at the time of the execution of the conveyance. Therefore, the first question for determination is whether the intent of the instrument quoted from was to convey the timber itself as described, with a warranty of…
2Cases cited36 opinions
- Davis v. BrownSupreme Court of the United States · 1877
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- McClelland v. . Norfolk Southern R.R. Co.New York Court of Appeals · 1888
- Gee v. MooreCalifornia Supreme Court · 1859
- McNamara v. GargettMichigan Supreme Court · 1888
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