Supreme Court of Georgia, 1882

Dawson v. Beall

Supreme Court of Georgia · Decided February 15, 1882 · Jackson

68 Ga. 328

Cases that cite this one

8 later published cases cite this decision.

Powers v. American National Bank (Ga. Ct. App. 1966)
Hirsch v. Jaslow (Berks County Court of Common Pleas 1950)
Martin v. State Ex Rel. Saline County (Ark. 1926)
Knit Goods Exchange, Inc. v. Kresoff (Appellate Terms of the Supreme Court of New York 1918)
Winter v. Meier (Ill. App. Ct. 1909)
Melroy v. Kemmerer (Pa. 1907)
Schlessinger v. Schlessinger (Colo. 1907)
Engbretson v. Seiberling (Iowa 1904)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Jackson, Chief Justice.

The agreement not to make application for, and be discharged from a debt in bankruptcy is a sufficient consideration to support a contract to take a less sum for the debt than what is due thereon. It is a new and valuable consideration for the reduction of the original debt. The agreement not to be adjudicated a bankrupt, and thereby not to wipe out or endanger the whole debt, is certainly a valuable consideration to support a promise to compro*330mise the debt, because it bargains not to extinguish all of it or at least not to imperil it. Code, §2880.

2. The verdict that a contract to reduce the debt in consideration of the defendants not going into bankruptcy was made by the parties, is supported by the evidence. Where it is conflicting, the finding of the jury with the approval of the presiding judge will not be disturbed by this court.

Judgment affirmed.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.