Johnson v. Redwine
Supreme Court of Georgia
Complaint on note. Before Judge Yan Epps. City court of Atlanta. March, term, 1895. Suit on a promissory note was brought by J. B. Redwine against Gr. A. Johnson as maker, J. A. J. Cook, C. T. Roan and W. J. Speairs as indorsers. Plaintiff demurred to the plea and answer of Johnson as'insufficient in law; the •demurrer was sustained, and Johnson excepted.
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Complaint on note. Before Judge Yan Epps. City court of Atlanta. March, term, 1895. Suit on a promissory note was brought by J. B. Redwine against Gr. A. Johnson as maker, J. A. J. Cook, C. T. Roan and W. J. Speairs as indorsers. Plaintiff demurred to the plea and answer of Johnson as'insufficient in law; the •demurrer was sustained, and Johnson excepted. This plea denies liability, and sets up that the note was executed to Cook as tire sole surviving heir of one of defendant’s daughters with whom Cook had intermarried; that at the date set out, said note was executed and purported to be in…
1Opinion of the Court
Atkinson, Justice.
1. The proposition announced in the first head-note requires no elaboration; it is a restatement of elementary law.. See 1 Addison on Contracts, p. 29, §14.
2. The plea of the defendant was properly stricken on demurrer. It was a plea .that the promissory note sued on -was without consideration. It alleged that the payee, as an -heir at law of his deceased wife, who was a daughter of' the maker, claimed an interest in certain lands which he (the maker of the note) had caused to be set apart as a homestead which was sued out in right of Iris wife and children; that the land so…
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- Cotterill v. HopkinsSupreme Court of Georgia · 1935
- Golding v. McCallCourt of Appeals of Georgia · 1909
- Darien Naval Stores Co. v. HoffCourt of Appeals of Georgia · 1934
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