Georgia Reports Volume 98

Georgia Reports Volume 98

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1897 edition. Excerpt: ... upon the matters in this case, which were set up by plea in said case; and that the justice's court had complete jurisdiction of the parties and subject-matter of suit. After verdict for plaintiff, defendants' motion for new trial was overruled, and they excepted. The motion was upon the grounds that the verdict was contrary to law and evidence; and the following: Error in refusing to charge, upon oral request: "If plaintiff assumed the payment of her husband's debt, the promise or assumption was illegal and void; but if she paid the note or debt thus assumed, it was the execution of an illegal contract and she could not recover, for the reason that the contract was executed. The law will not interfere with an illegal contract which has been executed"; and in charging, on the contrary, that if plaintiff had paid the debt of her husband when it had been assumed by her, she had the right to recover the money so paid, when the debt amumed was due Autrey and he took money with notice; and she would not be estopped from suing for the sum that she had given the note for and had paid, when the assumption was of the debt of her husband to the payee and he took it with notice. Error in refusing to charge: "A married woman has the right to do what she pleases with her separate estate, so far as trading is concerned; she had a right to buy a note on her husband or anybody else if she saw proper to do so;" and in charging: "While a married woman has the right to dispose of her separate estate as she pleases, if the payment or taking up of an insolvent note of her husband was in fact the assumption of a debt of her husband and not the buying of a note, she can recover the amount so paid for it, if more

Product details

  • Paperback | 288 pages
  • 189 x 246 x 15mm | 517g
  • United States
  • English
  • black & white illustrations
  • 1236898869
  • 9781236898869