Legal Opinion

Elder v. Hewitt

Court of Appeals of Georgia

Decided February 11, 1925No. 15374PublishedCited by 3 opinions

1Opinion of the CourtStephens, J.

1. One who liad been an agent of a deceased person is not, in a suit to which the representative of the deceased is a party, incompetent, under the exceptions in section 5858 of the Civil Code (1910), to testify to transactions between himself and the deceased. Jackson v. Bennett, 98 Ga. 106 (26 S. E. 53).

2. One who does not represent the lender and who procures for another a loan of money is the agent for the boi'rower. Jackson v. Bennett, supra.

3. Although an agent to procure a loan of money for the borrower is an attorney at law, such employment does not establish the relationship of…

2Cases cited5 opinions

  1. Burnside v. TerrySupreme Court of Georgia · 1874
  2. Myrick v. Liquid Carbonic Co.Supreme Court of Georgia · 1911
  3. Jackson v. BennettSupreme Court of Georgia · 1896
  4. Turner v. TurnerSupreme Court of Georgia · 1905
  5. Daniel v. WilsonSupreme Court of Georgia · 1892

3Cited by3 opinions

  1. Cordele Banking Co. v. PowersSupreme Court of Georgia · 1962
  2. Holsomback v. AkinsCourt of Appeals of Georgia · 1975
  3. Grant v. BellCourt of Appeals of Georgia · 1982

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