Fletcher v. Young
Court of Appeals of Georgia
Action for contribution; from city court of Ocilla — Judge Oxford. Fletcher brought suit against Love Young and W. W. D. Branch, ?is administrators of George Young, alleging that on May 15, 1902, he and George Young signed, a$ sureties, the note of one J. B. Harris for $2,000; that Harris died without paying the note, and subsequently the plaintiff paid it to the Bank of Tifton, and by reason of this payment his cosurety, George Young, became indebted to him in the sum of…
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Action for contribution; from city court of Ocilla — Judge Oxford. Fletcher brought suit against Love Young and W. W. D. Branch, ?is administrators of George Young, alleging that on May 15, 1902, he and George Young signed, a$ sureties, the note of one J. B. Harris for $2,000; that Harris died without paying the note, and subsequently the plaintiff paid it to the Bank of Tifton, and by reason of this payment his cosurety, George Young, became indebted to him in the sum of $1,000, with interest from the time of payment; that on December 6, 1908, George Young died without having paid him any…
1Opinion of the CourtHill, C. J.
(After stating the foregoing facts.)
I. The exception relating to exclusion of the evidence of settlement and the giving of a due-bill by Fletcher to Young, and the charge of the court relating to the effect of this evidence, may be disposed of together. If the evidence was admissible, clearly the charge was pertinent and correct. Unquestionably the evidence was admissible. In fact, the circumstance which tended to prove that the decedent Young, intestate of the defendants, did not owe the plaintiff, Fletcher, anything was admissible in -support of the answer of payment. The fact that Fletcher…
2Cases cited3 opinions
- Norton v. AikenSupreme Court of Georgia · 1910
- Baldwin v. WaldenSupreme Court of Georgia · 1860
- Broughton v. ThorntonSupreme Court of Georgia · 1874
3Cited by11 opinions
- Trustees of Jesse Parker Williams Hospital v. NisbetSupreme Court of Georgia · 1941
- George v. McCurdyCourt of Appeals of Georgia · 1931
- Lumpkin v. American Surety Co.Court of Appeals of Georgia · 1943
- Calhoun v. WilliamsonCourt of Appeals of Georgia · 1934
- Brown v. HornCourt of Appeals of Georgia · 1924
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