Golding v. McCall
Court of Appeals of Georgia
Appeal, from Brooks superior court — Judge Mitchell. June 1, 1908. Fuller Groover and J. H. McCall brought suit against Mrs. Georgia V. P. Golding, as maker of a note, dated December 14, 1894, and payable twelve months after date, promising to pay them $250 and interest at 8 per cent., “provided the estate of W. T. Golding, deceased, should fail to pay to the said Fuller Groover and J. H. McCall the amounts in full to date due by said estate to each one of them.”
Read the full summary
Appeal, from Brooks superior court — Judge Mitchell. June 1, 1908. Fuller Groover and J. H. McCall brought suit against Mrs. Georgia V. P. Golding, as maker of a note, dated December 14, 1894, and payable twelve months after date, promising to pay them $250 and interest at 8 per cent., “provided the estate of W. T. Golding, deceased, should fail to pay to the said Fuller Groover and J. H. McCall the amounts in full to date due by said estate to each one of them.” The circumstances under which the note was given were as follows: Mrs. Golding, the maker, was the widow of W. T. Golding, and had…
1Opinion of the CourtHill, C. J.
(After stating the foregoing facts.)
1. The withdrawal, by the two creditors of the husband’s estate, of the objections filed to the allowance of the year’s support to the. widow and her minor children constituted a valid consideration for the note made by the widow. Generally "a consideration is valid if any benefit accrues to him who makes the promise, or any injury to him who receives the promise.” Civil Code, §3657. It was a benefit to the widow for the two creditors of her husband’s-estate to withdraw objections made to her allowance for a year’s support. While an allowance for year’s…
2Cases cited1 opinion
- Johnson v. RedwineSupreme Court of Georgia · 1896
3Cited by3 opinions
- Mahon v. Harney County Nat. BankOregon Supreme Court · 1922
- Allen v. HollemanSupreme Court of South Carolina · 1931
- Maddox v. GormleyCourt of Appeals of Georgia · 1934