permissible defense (Georgia) · Go Syfert
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permissible defense in Georgia

10 Georgia opinions name it 1 courts 1965–2013 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
Chancey v. Peachtree Pest Control Co.green
gactapp · 2007 · cited in 2 Georgia opinions naming this issue, 2013–2013
2 sentences

2013Notably, the trial court stated that it was confirming the sale based upon “previous confirmations and [the] testimony of others.” “Hearsay evidence is that which does not derive its value solely from the credit of the witness but rests mainly on the veracity and competency of other persons, and is inadmissible unless it falls within a permissible exception to the hearsay rule.” (Punctuation and footnote omitted.) Chancey v. Peachtree Pest Control Co., 288 Ga. App. 767, 769 (1) ( 655 SE2d 228 ) (2007); see also former OCGA § 24-3-1 (a) (2011).

2013Notably, the trial court stated that it was confirming the sale based upon “previous confirmations and [the] testimony of others.” “Hearsay evidence is that which does not derive its value solely from the credit of the witness but rests mainly on the veracity and competency of other persons, and is inadmissible unless it falls within a permissible exception to the hearsay rule.” (Punctuation and footnote omitted.) Chancey v. Peachtree Pest Control Co., 288 Ga. App. 767, 769 (1) ( 655 SE2d 228 ) (2007); see also former OCGA § 24-3-1 (a) (2011).

22
Han v. Hangreen
gactapp · 2008 · cited in 1 Georgia opinions naming this issue, 2011–2011
2 sentences

2011Compare Han v. Han, 295 Ga. App. 1, 3-4 (2) ( 670 SE2d 842 ) (2008) (transfer of payee’s interest in real property could not serve as consideration for note, where transfer occurred days before execution of note and payee had no interest in real property when note was executed; note was therefore unenforceable for lack of consideration). 4 Supra. 5 Id. 6 Id. at 760. 7 Id. at 761. 8 (Citation and punctuation omitted.) Id. 9 One reason for the existence and popularity of promissory notes is that collecting on them is quicker and easier than collecting on a claim for breach of contract. 10 West d

2011Compare Han v. Han, 295 Ga. App. 1, 3-4 (2) ( 670 SE2d 842 ) (2008) (transfer of payee’s interest in real property could not serve as consideration for note, where transfer occurred days before execution of note and payee had no interest in real property when note was executed; note was therefore unenforceable for lack of consideration). 4 Supra. 5 Id. 6 Id. at 760. 7 Id. at 761. 8 (Citation and punctuation omitted.) Id. 9 One reason for the existence and popularity of promissory notes is that collecting on them is quicker and easier than collecting on a claim for breach of contract. 10 West d

11
Greene v. Johnsongreen
gactapp · 1984 · cited in 1 Georgia opinions naming this issue, 2011–2011
2 sentences

2011See OCGA § 11-3-308 (a), (b). 3 See Greene v. Johnson, 170 Ga. App. 760, 761 ( 318 SE2d 205 ) (1984) (“A plea of total or partial failure of consideration is a permissible defense to an action founded upon a contract”) (citation and punctuation omitted).

2011See OCGA § 11-3-308 (a), (b). 3 See Greene v. Johnson, 170 Ga. App. 760, 761 ( 318 SE2d 205 ) (1984) (“A plea of total or partial failure of consideration is a permissible defense to an action founded upon a contract”) (citation and punctuation omitted).

11
Department of Transportation v. Katzgreen
gactapp · 1983 · cited in 1 Georgia opinions naming this issue, 1996–1996
2 sentences

1996Compare Dept. of Transp. v. Katz, 169 Ga. App. 310, 315 (5) ( 312 SE2d 635 ) (1983).

1996Compare Dept. of Transp. v. Katz, 169 Ga. App. 310, 315 (5) ( 312 SE2d 635 ) (1983).

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 (7)

CaseCitedYears
Matjoulis v. Integon General Ins. Corp. green
gactapp · 1997
2 sentences

2011Compare Han v. Han, 295 Ga. App. 1, 3-4 (2) ( 670 SE2d 842 ) (2008) (transfer of payee’s interest in real property could not serve as consideration for note, where transfer occurred days before execution of note and payee had no interest in real property when note was executed; note was therefore unenforceable for lack of consideration). 4 Supra. 5 Id. 6 Id. at 760. 7 Id. at 761. 8 (Citation and punctuation omitted.) Id. 9 One reason for the existence and popularity of promissory notes is that collecting on them is quicker and easier than collecting on a claim for breach of contract. 10 West d

2011Compare Han v. Han, 295 Ga. App. 1, 3-4 (2) ( 670 SE2d 842 ) (2008) (transfer of payee’s interest in real property could not serve as consideration for note, where transfer occurred days before execution of note and payee had no interest in real property when note was executed; note was therefore unenforceable for lack of consideration). 4 Supra. 5 Id. 6 Id. at 760. 7 Id. at 761. 8 (Citation and punctuation omitted.) Id. 9 One reason for the existence and popularity of promissory notes is that collecting on them is quicker and easier than collecting on a claim for breach of contract. 10 West d

12011–2011
Toole v. Brownlow & Sons Co. green
gactapp · 1979
2 sentences

1984The burden of sustaining the plea of total or partial failure of consideration is on the one asserting the defense. [Cit.]’ ” Toole v. Brownlow & Sons Co., 151 Ga. App. 292 (1) ( 259 SE2d 691 ) (1979).

1984The burden of sustaining the plea of total or partial failure of consideration is on the one asserting the defense. [Cit.]’ ” Toole v. Brownlow & Sons Co., 151 Ga. App. 292 (1) ( 259 SE2d 691 ) (1979).

11984–1984
Sandstrom v. Montana green
scotus · 1979
2 sentences

1980As set forth in Mr. Justice Brennan's opinion, "Sandstrom's jurors were told that `[t]he law presumes that a person intends the ordinary consequences of his voluntary acts.' They were not told that they had a choice, or that they might infer that conclusion; they were told only that the law presumed it. " (Emphasis supplied.) Sandstrom, supra, 515 .

1980As set forth in Mr. Justice Brennan’s opinion, "Sandstrom’s jurors were told that '[t]he law presumes that a person intends the ordinary consequences of his voluntary acts.’ They were not told that they had a choice, or that they might infer that conclusion; they were told only that the law presumed it.” (Emphasis supplied.) Sandstrom, supra, 515 .

11980–1980
National Organic Corporation v. Southern Bag Corporation neutral
gactapp · 1965
2 sentences

1979The burden of sustaining the plea of total or partial failure of consideration is on the one asserting the defense. [Cits.]” National Organic Corp. v. Southern Bag Corp., 111 Ga. App. 111 (2) ( 140 SE2d 890 ) (1965).

1979The burden of sustaining the plea of total or partial failure of consideration is on the one asserting the defense. [Cits.]” National Organic Corp. v. Southern Bag Corp., 111 Ga. App. 111 (2) ( 140 SE2d 890 ) (1965).

11979–1979
Brown v. State green
gactapp · 1977
2 sentences

1978A. That’s exactly how I arrived at the price...” In Brown v. State, 143 Ga. App. 678 ( 239 SE2d 556 ), we held that retail value or price was a permissible standard to be used in establishing value in theft cases from retail establishments.

1978A. That’s exactly how I arrived at the price...” In Brown v. State, 143 Ga. App. 678 ( 239 SE2d 556 ), we held that retail value or price was a permissible standard to be used in establishing value in theft cases from retail establishments.

11978–1978
Massey v. State green
ga · 1965
2 sentences

1974His action in permitting the sheriff to remain present came within the permissible exception "since they were needed so as not to diminish the efficiency of the court." Massey v. State, 220 Ga. 883 (5) ( 142 SE2d 832 ). 3.

1974His action in permitting the sheriff to remain present came within the permissible exception "since they were needed so as not to diminish the efficiency of the court." Massey v. State, 220 Ga. 883 (5) ( 142 SE2d 832 ). 3.

11974–1974
Robbins v. Hays green
gactapp · 1962
2 sentences

1965Robbins v. Hays, 107 Ga. App. 12 (2) ( 128 SE2d 546 ).

1965Robbins v. Hays, 107 Ga. App. 12 (2) ( 128 SE2d 546 ).

11965–1965

Where else courts name it

TX 39 (1982–2026) PA 24 (1947–2026) NY 23 (1904–2025) CA 20 (1962–2025) NJ 17 (1925–2026) MI 14 (1968–2026) WA 13 (1980–2025) IL 12 (1976–2026) IA 11 (1942–2020) MA 10 (1936–2025) OR 10 (1964–2025) GA 10 (1965–2013) WY 10 (1996–2026) FL 9 (1980–2024) MO 8 (1966–2025) OH 7 (1994–2025) AL 6 (1926–2016) NC 6 (1992–2026) DC 6 (1984–2024) NM 6 (1968–2017) AZ 6 (1988–2022) TN 6 (1980–2016) OK 5 (1936–2010) DE 5 (1907–1997) MD 5 (1961–2021) KS 5 (2006–2026) WI 5 (1911–2018) MT 4 (1986–2000) WV 4 (1964–2013) MS 4 (1986–2014) ND 3 (1989–2012) MN 3 (1938–2025) VT 2 (2010–2014) IN 2 (1990–1993) CT 2 (1993–2024) AK 2 (1971–1985) AR 2 (1972–1995)

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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