Boynton v. Twitty
Supreme Court of Georgia
Evidence. Promissory notes. Before Judge Kiddoo. Dougherty Superior Court. April Adjourned Term, 1874. On February 11th, 1869, Peter W. Twitty and B. F. Cochran, as administrators upon the estate ot Johu M. Cochran, deceased, instituted proceedings against Thomas J. Boynton to foreclose a mortgage on certain property, executed by him on October 3d, 1859, to secure the payment of two promissory notes, one dated December 9th, 1857, payable one day after dale to John M. Cochran…
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Evidence. Promissory notes. Before Judge Kiddoo. Dougherty Superior Court. April Adjourned Term, 1874. On February 11th, 1869, Peter W. Twitty and B. F. Cochran, as administrators upon the estate ot Johu M. Cochran, deceased, instituted proceedings against Thomas J. Boynton to foreclose a mortgage on certain property, executed by him on October 3d, 1859, to secure the payment of two promissory notes, one dated December 9th, 1857, payable one day after dale to John M. Cochran or bearer, for $2,300 00, with credits thereon amounting to $708 16; the other dated June 26th, 1858, payable as the…
1Opinion of the Court
McCay, Judge.
That this promissory note is secured by mortgage, does not, in-our judgment, alter the rules of evidence upon the existence or amount of the debt. On the trial of the issue,' which the statute provides for, the defendant may setup any defense he might set up in an ordinary suit instituted on the debt secured. We think, too, that the evidence sufficiently shows that the note secured is the same $1,800 00 note the witness alludes to,- to allow the evidence to go to the jury, if it be otherwise unobjectionable. We think it very clear, too, that the witness is competent to testify…
2Cited by15 opinions
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- Billings v. EverettCalifornia Supreme Court · 1878
- Citizens Bank v. HallSupreme Court of Georgia · 1934
- Scott v. BattleCourt of Appeals of Georgia · 2001
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