Johnson v. Georgia Fertilizer & Oil Co.
Court of Appeals of Georgia
Complaint; from city court of Thomasville — Judge W. H. Hammond. December 22, 1916. The Georgia Fertilizer & Oil Company filed suit to the June term, 1915, of the city court of Thomasville against J. N. Butler and L. D. Johnson on a promissory note reciting “I promise to pay,” signed by each of the defendants apparently as principals. At the appearance term no defense of any sort was made by Butler, and judgment by default was entered as to him.
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Complaint; from city court of Thomasville — Judge W. H. Hammond. December 22, 1916. The Georgia Fertilizer & Oil Company filed suit to the June term, 1915, of the city court of Thomasville against J. N. Butler and L. D. Johnson on a promissory note reciting “I promise to pay,” signed by each of the defendants apparently as principals. At the appearance term no defense of any sort was made by Butler, and judgment by default was entered as to him. At that term Johnson, the codefendant, made answer denying the statutory notice alleged to have been given in regard to the attorney’s fees claimed,…
1Opinion of the CourtJenkins, J.
(After stating the foregoing facts.)
It is only the ruling stated in the 6th headnote that seems to require elaboration. While -counsel for plaintiff in the court below deny in their brief the allegations made by Johnson’s amended plea relative to the agreement alleged to have been entered into by them, they do not, of course, question the fact that the court below and this court, so far as the purposes of the demurrer are concerned, are bound to take as true each and every allegation therein set forth. Plaintiff’s counsel insist .that since the note sued on contains within itself no reference…
2Cases cited15 opinions
- McGaughey Bros. v. LathamSupreme Court of Georgia · 1879
- Eining v. Georgia Railway & Electric Co.Supreme Court of Georgia · 1909
- Powell v. DavisSupreme Court of Georgia · 1878
- Little v. Town of LenoirSupreme Court of North Carolina · 1909
- Molyneaux v. CollierSupreme Court of Georgia · 1860
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3Cited by16 opinions
- Burson v. ShieldsSupreme Court of Georgia · 1925
- McKibben v. Fourth National BankCourt of Appeals of Georgia · 1924
- J. R. Watkins Company v. BrewerCourt of Appeals of Georgia · 1945
- Lunsford v. KerseySupreme Court of Georgia · 1941
- Stanfield v. McConnon & Co.Court of Appeals of Georgia · 1920
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