Hartley v. Smith

Court of Appeals of Georgia

Hartley v. Smith

105 S.E. 725, 26 Ga. App. 212, 1921 Ga. App. LEXIS 74

CourtCourt of Appeals of Georgia

DecidedJanuary 27, 1921

Docket11241

StatusPublished

Cited by1 cases

This text of 105 S.E. 725 (Hartley v. Smith) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Hartley v. Smith, 105 S.E. 725, 26 Ga. App. 212, 1921 Ga. App. LEXIS 74 (Ga. Ct. App. 1921).

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Opinions

Per Curiam.

I. Where a man dies leaving, as a part of his estate, hank stools not fully paid for, and the stools is set aside to his widow and her minor children as a year’s support, “ after all the just debts are paid,” and, upon presentation to the bank of a certified copy of the year’s support proceedings, the bank issues to the widow alone a certificate which shows “ 60 % paid in and assessable, ” the receivers of the bank can obtain a legal general judgment against the widow for the amount of the balance due of the purchase-money for the stock. It was not error to direct a verdict in the plaintiff’s favor for the balance due upon the certificates of stock, and in thereafter overruling the motion- for a new trial.

Judgment affirmed.

Broyles, G. J., anid Bloodworth, J., concur. Luke, J., dissents. Evans & Evans, for plaintiff in error. B. G. Price, J. B. Phillips, contra.

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Per Curiam.

I. Where a man dies leaving, as a part of his estate, hank stools not fully paid for, and the stools is set aside to his widow and her minor children as a year’s support, “ after all the just debts are paid,” and, upon presentation to the bank of a certified copy of the year’s support proceedings, the bank issues to the widow alone a certificate which shows “ 60 % paid in and assessable, ” the receivers of the bank can obtain a legal general judgment against the widow for the amount of the balance due of the purchase-money for the stock. It was not error to direct a verdict in the plaintiff’s favor for the balance due upon the certificates of stock, and in thereafter overruling the motion- for a new trial.

Judgment affirmed.

Broyles, G. J., anid Bloodworth, J., concur. Luke, J., dissents. Evans & Evans, for plaintiff in error. B. G. Price, J. B. Phillips, contra.

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Bluebook (online)

105 S.E. 725, 26 Ga. App. 212, 1921 Ga. App. LEXIS 74, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hartley-v-smith-gactapp-1921.

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