Supreme Court of Georgia, 1902

Howard v. Wellham

Supreme Court of Georgia · Decided March 12, 1902 · Simmons

114 Ga. 934; 41 S.E. 62; 1902 Ga. LEXIS 838

Cases that cite this one

7 later published cases cite this decision.

HARTSFIELD COMPANY NO. 3, INC. v. Williams (Ga. Ct. App. 1966)
Hamby v. Hamby (Ga. Ct. App. 1955)
Jones v. North American Life Insurance (Ga. Ct. App. 1933)
Pierce v. Jones (Ga. Ct. App. 1927)
Pape v. Woolford Realty Co. (Ga. Ct. App. 1926)
Cooper v. Ricketson (Ga. Ct. App. 1913)
Apperson v. Mutual Fertilizer Co. (Ga. 1918)

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

Simmons, C. J.

In a suit upon several of a series of promissory notes,'some due and some not matured except under a stipulation that they should become due if any one of the series was not paid within thirty days after maturity, a verdict of a jury is necessary before a judgment can be rendered. A suit on notes not due except by virtue of such a stipulation is not “founded on unconditional contracts in writing,” within the meaning of paragraph 7 of section 4 of article 6 of the constitution of this State. This case is controlled by Rodgers v. Caldwell, 112 Ga. 635, and cases therein cited.

Judgment affirmed.

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

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