Hunt v. McKinney

Court of Appeals of Georgia

Hunt v. McKinney

75 S.E. 144, 11 Ga. App. 301, 1912 Ga. App. LEXIS 377

CourtCourt of Appeals of Georgia

DecidedJuly 2, 1912

Docket4184

StatusPublished

Cited by2 cases

This text of 75 S.E. 144 (Hunt v. McKinney) 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.

Bluebook

Hunt v. McKinney, 75 S.E. 144, 11 Ga. App. 301, 1912 Ga. App. LEXIS 377 (Ga. Ct. App. 1912).

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Opinion

Pottle, J.

1. A promissory note given for the right to gell a patented article in specified territory is not, under the provisions of §§ 4293 and 4294 of the Civil Code (1910), void because there is not expressed in the face of the note “the consideration of the same, stating the thing or article for which the same was given.” The purpose of the law contained in these sections of the code was to place a purchaser of a note, expressing on its face such a consideration, in the same position as the payee, with reference to its enforcement. If the consideration is not so expressed, the right to enforce the note is governed by the same rules as are applicable to a note founded upon any other valid consideration. Parr v. Erickson, 115 Ga. 873 (42 S. E. 240); Lee v. Hightower, 3 Ga. App. 226 (59 S. E. 597) ; Simmons v. Council, 5 Ga. App. 386, 389 (63 S. E. 238).

2. It is no defense to an action brought by the payee upon a promissory note, the consideration of which, though not expressed on its face, was the right to sell a patented clothes-line in a certain county, that the wire bought by the purchaser to make the clothes-line rusted, and the seller orally guaranteed that such wire, if used, would not rust, blit would be suitable for the purpose intended.

3. The evidence demanded a verdict for the plaintiff, and there was no error in directing the jury so to find. Judgment affirmed.

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Pottle, J.

1. A promissory note given for the right to gell a patented article in specified territory is not, under the provisions of §§ 4293 and 4294 of the Civil Code (1910), void because there is not expressed in the face of the note “the consideration of the same, stating the thing or article for which the same was given.” The purpose of the law contained in these sections of the code was to place a purchaser of a note, expressing on its face such a consideration, in the same position as the payee, with reference to its enforcement. If the consideration is not so expressed, the right to enforce the note is governed by the same rules as are applicable to a note founded upon any other valid consideration. Parr v. Erickson, 115 Ga. 873 (42 S. E. 240); Lee v. Hightower, 3 Ga. App. 226 (59 S. E. 597) ; Simmons v. Council, 5 Ga. App. 386, 389 (63 S. E. 238).

2. It is no defense to an action brought by the payee upon a promissory note, the consideration of which, though not expressed on its face, was the right to sell a patented clothes-line in a certain county, that the wire bought by the purchaser to make the clothes-line rusted, and the seller orally guaranteed that such wire, if used, would not rust, blit would be suitable for the purpose intended.

3. The evidence demanded a verdict for the plaintiff, and there was no error in directing the jury so to find. Judgment affirmed.

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75 S.E. 144, 11 Ga. App. 301, 1912 Ga. App. LEXIS 377, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hunt-v-mckinney-gactapp-1912.

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