doubtful claim (Georgia) · Go Syfert
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doubtful claim in Georgia

11 Georgia opinions name it 2 courts 1913–1999 0 in the last five years

The cases below were cited by Georgia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
Smith v. HAVERTY FURNITURE COMPANYgreen
gactapp · 1985 · cited in 4 Georgia opinions naming this issue, 1989–1995
2 sentences

1994The law favors compromises, and a promise made in extinguishment of a doubtful claim is sufficient to support a valid contract. . . .’ [Cits.]” Smith v. Hauerty Furniture Co., 173 Ga. App. 447, 448 ( 326 SE2d 812 ) (1985).

1994The law favors compromises, and a promise made in extinguishment of a doubtful claim is sufficient to support a valid contract. . . .’ [Cits.]” Smith v. Hauerty Furniture Co., 173 Ga. App. 447, 448 ( 326 SE2d 812 ) (1985).

44
Skinner v. Smithgreen
gactapp · 1969 · cited in 3 Georgia opinions naming this issue, 1984–1989
2 sentences

1984See OCGA § 9-3-25. “[A] promise made in extinguishment of a doubtful claim is sufficient to support a valid contract.” Skinner v. Smith, 120 Ga. App. 35, 36 ( 169 SE2d 365 ) (1969).

1984See OCGA § 9-3-25. “[A] promise made in extinguishment of a doubtful claim is sufficient to support a valid contract.” Skinner v. Smith, 120 Ga. App. 35, 36 ( 169 SE2d 365 ) (1969).

33
Jefferson Ins. Co. of New York v. Dunngreen
gactapp · 1997 · cited in 1 Georgia opinions naming this issue, 1999–1999
1 sentence

1999Id. at 739 (5) (a).

11
Warren v. Jenkinsgreen
gactapp · 1989 · cited in 1 Georgia opinions naming this issue, 1992–1992
1 sentence

1992Warren v. Jenkins, 190 Ga. App. 442, 443 (1) ( 379 SE2d 19 ).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Georgia. Read the followed side critically anyway.

Also cited on this issue (5)

CaseCitedYears
First National Bank v. Bayless green
ga · 1895
2 sentences

1934J. 570), so that, in the case of a married woman, it has been held in this State that a mortgage " given by [her] upon her own property in settlement of a debt of her husband is not binding upon her, although she may have given the mortgage under the impression that the creditor holding this debt could for some reason subject the property in question to its payment, and intended by giving the mortgage to effect a compromise of what she regarded as a doubtful claim against her properly.” (Italics ours.) First National Bank of Cartersville v. Bayless, 96 Ga. 684 (2), 688 ( 23 S. E. 851 ).

1934J. 570), so that, in the case of a married woman, it has been held in this State that a mortgage ‘given by [her] upon her own property in settlement of a debt of her husband is not binding upon her, although she may have given the mortgage under the impression that the creditor holding this debt could for some reason subject the property in question to its payment, and intended by giving the mortgage to effect a compromise of what she regarded as a doubtful claim against her property.’ (Italics ours.) First National Bank of Cartersville v. Bayless, 96 Ga. 684 (2), 688 ( 23 S. E. 851 ).” Baxter

31913–1934
Thornton v. Lemon, McMillan & Co. neutral
ga · 1901
1 sentence

1934Counsel for defendant in error rely upon the first headnote of Thornton v. Lemon, 114 Ga. 155 (supra), as follows: “A promissory note executed and delivered by a married woman for the purpose of settling a pending action against her husband and herself, wherein the plaintiff alleged that both were liable, is binding upon her although in point of fact the debt declared upon was exclusively that of the husband.

11934–1934
Baxter v. Bank of Grantville green
gactapp · 1934
1 sentence

1934J. 570), so that, in the case of a married woman, it has been held in this State that a mortgage ‘given by [her] upon her own property in settlement of a debt of her husband is not binding upon her, although she may have given the mortgage under the impression that the creditor holding this debt could for some reason subject the property in question to its payment, and intended by giving the mortgage to effect a compromise of what she regarded as a doubtful claim against her property.’ (Italics ours.) First National Bank of Cartersville v. Bayless, 96 Ga. 684 (2), 688 ( 23 S. E. 851 ).” Baxter

11934–1934
Atlanta, Birmingham & Atlantic Railroad v. Brown green
ga · 1911
1 sentence

1913The case of Blackburn v. Lee, 137 Ga. 265 ( 73 S. E. 1 ), was cited by counsel for the plaintiff in error.

11913–1913
Blackburn v. Lee neutral
ga · 1911
1 sentence

1913The case of Blackburn v. Lee, 137 Ga. 265 ( 73 S. E. 1 ), was cited by counsel for the plaintiff in error.

11913–1913

Where else courts name it

GA 11 (1913–1999) MO 9 (1907–2004) NY 6 (1850–1995) MS 6 (1930–2011) IN 6 (1885–1940) WA 5 (1923–2007) PA 5 (1922–1973) IL 4 (1910–1937) KY 4 (1923–1952) CA 3 (1915–1978) NM 3 (1936–1956) MN 3 (1977–1986) TX 3 (1963–1994) MA 3 (1875–1963) NC 3 (1939–1975) AZ 3 (1952–2014) WI 3 (1951–2024) NH 3 (1845–2001) KS 2 (1926–1926) FL 2 (2009–2009) HI 2 (1917–1956) VT 2 (1985–2005) AL 2 (1951–2005)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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