Legal Opinion

Jackson v. Bennett

Supreme Court of Georgia

Decided January 13, 1896PublishedCited by 9 opinions

Complaint on notes. Before Judge Van Epps. City court of Atlanta. July term, 1895. On May 1, 1891, Jobn B. Jackson made application to Samuel Barnett for a loan of $600, which Barnett obtained through the Georgia Loan & Trust Company; and notes therefor were made by Jackson, due in 1896, with a deed, under sections 1969-71 of the code, to secure the same, to the Security Investment Company of Bridgeport, Conn.

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Complaint on notes. Before Judge Van Epps. City court of Atlanta. July term, 1895. On May 1, 1891, Jobn B. Jackson made application to Samuel Barnett for a loan of $600, which Barnett obtained through the Georgia Loan & Trust Company; and notes therefor were made by Jackson, due in 1896, with a deed, under sections 1969-71 of the code, to secure the same, to the Security Investment Company of Bridgeport, Conn. A year afterwards Jackson applied to Barnett for a further loan and obtained the same, the former notes being paid and cancelled from the money thus obtained, and Jackson making two…

1Opinion of the Court

Atkinson, Justice.

The official report states the facts necessary to an understanding of the questions made.

1. Objection was made to the competency of Samuel Barnett, who was offered as a witness by the plaintiff in the present case; it being contended that he was disqualified upon the twofold ground: (1) Because, of his agency for the lender (the plaintiff in the present ease) in effecting the loan out of which the litigation arose, the borrower, the defendant, being insane. (2) Because of interest in the result of the suit, the party against whom it was offered being at the time insane.

The…

2Cited by9 opinions

  1. Swingley v. DanielsWashington Supreme Court · 1923
  2. Parker v. WellonsCourt of Appeals of Georgia · 1931
  3. Ellis & Co. v. Mills & GibbSupreme Court of Georgia · 1896
  4. Turner v. TurnerSupreme Court of Georgia · 1905
  5. Lowry v. LowryWisconsin Supreme Court · 1933

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