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Morris v. Continental Insurance

Morris v. Continental Insurance Company

Morris v. Cont'l Ins., 42 S.E. 474 (Ga. 1902)
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Court
Supreme Court of Georgia · State Highest Courts
Decided
July 24, 1902
Judges
Ifish, Lewis
Citations
42 S.E. 474116 Ga. 531902 Ga. LEXIS 22
Summary
Petition for injunction. Before Judge Bennet. Glynn superior court. April 12, 1902.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Ifish

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IFish, J.

1. Since a tender by the obligee in a bond for title to the obligor of the amount due upon a promissory note described'in the-bond is not in law good if coupled with a condition that the obligor shall execute and deliver to the obligee the conveyance which he, upon paying the note, is entitled to receive, it follows that equity will not, at the instance of the maker of the note, enjoin an action thereon by the payee, on the ground that the latter, upon being tendered, with such condition, the amount due on the note, failed or refused to execute and deliver such conveyance as that called for in the bond for title. DeGraffenreid v. Menard, 103 Ga. 651; Elder v. Johnson, 115 Ga. 691 .

2. Applying what is announced above to the facts of the case in hand, there was no error in denying the interlocutory injunction.

Judgment affirmed.

All the Justices concurring, except Lewis, J., absent.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1905: 11921: 11922: 11935: 11941: 11946: 11949: 119052026peak 1905 · 1

Relies on it most ⓘ

  1. Fraser v. Jarrett112 S.E. 487 (Ga. 1922)
  2. Irvin v. Locke38 S.E.2d 289 (Ga. 1946)
  3. Heath v. Miller54 S.E.2d 432 (Ga. 1949)
  4. Northwest Atlanta Bank v. Manning17 S.E.2d 547 (Ga. 1941)
  5. Bigham v. Bank of Madison181 S.E. 197 (Ga. Ct. App. 1935)
  6. Graham v. Jones275 F. 790 (5th Cir. 1921)

Most recent

  1. Heath v. Miller54 S.E.2d 432 (Ga. 1949)
  2. Irvin v. Locke38 S.E.2d 289 (Ga. 1946)
  3. Northwest Atlanta Bank v. Manning17 S.E.2d 547 (Ga. 1941)
  4. Bigham v. Bank of Madison181 S.E. 197 (Ga. Ct. App. 1935)
  5. Fraser v. Jarrett112 S.E. 487 (Ga. 1922)
  6. Graham v. Jones275 F. 790 (5th Cir. 1921)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
DeGraffenreid v. Menard, 30 S.E. 560 (Ga. 1898) 13
Elder v. Johnson, 42 S.E. 51 (Ga. 1902) 8

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