Legal Opinion

Benson v. Georgian Co.

Court of Appeals of Georgia

Decided December 14, 1917No. 8707PublishedCited by 7 opinions

Complaint; from city court of Atlanta- — Judge Reid. March 13, 1917. The action was by W. H. Benson against the Georgian Company. The petition alleges: The defendant publishes newspapers at Atlanta known as The Georgian and Hearst’s Sunday American.

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Complaint; from city court of Atlanta- — Judge Reid. March 13, 1917. The action was by W. H. Benson against the Georgian Company. The petition alleges: The defendant publishes newspapers at Atlanta known as The Georgian and Hearst’s Sunday American. It formulated and advertised, for the purpose of increasing the circulation of its newspapers, a plan which contemplated the distribution of- $18,000 in prizes to contestants furnishing the greatest number of names as subscribers to these newspapers in certain territory between specified dates; and the details and operation of the plan were…

1Opinion of the CourtJenkins, J.

“Where parties are engaged in illegal transactions, whether malum prohibitum or malum in se. the courts of this State will not interpose to grant any relief. In such cases the rule is, for the court to leave the parties where it finds them, no matter whether the illegality of the contract appears from the plaintiff’s ease, or is set up by way of defense.” Bugg v. Towner, 41 Ga. 315; Howell v. Fountain, 3 Ga. 176 (46 Am. D. 415); Puckett v. Roquemore, 55 Ga. 235; Garrison v. Burns, 98 Ga. 762 (26 S. E. 471); Martin v. Bartow Iron Works, 35 Ga. 320 (Fed. Cas. No. 9157); City of Dawson v.…

2Cases cited22 opinions

  1. Equitable Loan & Security Co. v. WaringSupreme Court of Georgia · 1903
  2. City Council v. Dawson Waterworks Co.Supreme Court of Georgia · 1899
  3. Mutual Life Insurance v. DurdenCourt of Appeals of Georgia · 1911
  4. Smith v. DuBoseSupreme Court of Georgia · 1887
  5. Howell ex rel. Jones v. FountainSupreme Court of Georgia · 1847

17 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Jones v. DinkinsSupreme Court of Georgia · 1953
  2. Sheehan v. City Council of AugustaCourt of Appeals of Georgia · 1944
  3. Adams v. CoffeeCourt of Appeals of Georgia · 1939
  4. Allen v. OwenCourt of Appeals of Georgia · 1939
  5. Carter v. ButlerCourt of Appeals of Georgia · 1944

2 more not listed; retrieve them via the Exa API.

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