Newsome v. Harrell
Supreme Court of Georgia
Complaiut. Before Judge Walker. Glascock superior court. December 9, 1915. Newsome brought suit against Harrell, to recover the amount due Newsome on an obligation of Henry Dorsey, assumed by Harrell, the suit being based on the ‘following writing, to wit: “Mitchell, Ga., Nov. 9th, 1912. Mr. George Newsome. Dear Sir: —Let Henry come ahead, and I will make the difference between you and him alright. Tours respectfully, S. E. Harrell.”
Read the full summary
Complaiut. Before Judge Walker. Glascock superior court. December 9, 1915. Newsome brought suit against Harrell, to recover the amount due Newsome on an obligation of Henry Dorsey, assumed by Harrell, the suit being based on the ‘following writing, to wit: “Mitchell, Ga., Nov. 9th, 1912. Mr. George Newsome. Dear Sir: —Let Henry come ahead, and I will make the difference between you and him alright. Tours respectfully, S. E. Harrell.” New-some alleged, that the amount due by Henry Dorsey was $49; that plaintiff had released Henry from that obligation, and by virtue of the written instrument…
1Opinion of the CourtGilbert, J.
(After stating the foregoing facts.)
1. If one signs a written contract without'acquainting himself with its contents, he is estopped by his own negligence to ask relief from his obligation, if there is no fraud or artifice in procuring his signature. McCormack v. Molburg, 43 Iowa, 561. It is not contended by defendant in error that there was any fraud or artifice in the procuring of his signature to the written contract. He merely insists that he directed Ms son, Willie, to write an instrument of a different character from that which was written and sent to the plaintiff without having been…
2Cases cited4 opinions
- McCormack v. MolburgSupreme Court of Iowa · 1876
- Moore v. CareySupreme Court of Georgia · 1902
- Ellis v. United States Fertilizing & Chemical Co.Supreme Court of Georgia · 1880
- Blaisdell v. BohrSupreme Court of Georgia · 1886
3Cited by7 opinions
- Yablon v. Metropolitan Life InsuranceSupreme Court of Georgia · 1946
- Williamson v. WilliamsonSupreme Court of Georgia · 1933
- Auto Mutual Indemnity Co. v. CampbellCourt of Appeals of Georgia · 1937
- First National Bank v. McCartanSupreme Court of Iowa · 1927
- Mutual Investment Corp. v. FriedmanCourt of Appeals of Georgia · 1951
2 more not listed; retrieve them via the Exa API.