Upload a complaint or brief to quickly find on-point case law.
CARA A.I. uses the facts and legal issues in your document to find relevant authorities.
Drag a complaint or brief hereUpload a complaint or briefPDF documentWORD documentTXT documentOr, choose a document to uploadChoose DocumentSecure
Find on-point cases faster with CARA A.I.
§

First State Bank Trust Company v. Young

202 Ga. App. 566 (Ga. Ct. App. 1992)
Depth of Treatment
Newest to Oldest
Oldest to Newest
Cite Count
First State Bank Trust Company v. Young

5 Citing cases

  1. Harrison v. Martin

    213 Ga. App. 337 (Ga. Ct. App. 1994)   Cited 19 times
    Holding that, in determining whether a donor completely relinquished control over a gift, "the jury may consider that the rules as to delivery are relaxed where the donor and donee are members of the same family and reside in a common residence," and citing evidence of a hospitalized donor's physical inability to perfect actual delivery of a gift to a family member residing in his household as support for a finding that there was constructive delivery of the gift

    "[T]he renewal of a note cuts off all defenses of which the maker then had knowledge[.] Coast Scopitone v. Self, 127 Ga. App. 124, 127 (3) ( 192 S.E.2d 513) (1972)[.]" First State Bank c. Co. v. Young, 202 Ga. App. 566, 567 ( 415 S.E.2d 18). Consequently, the only possible defense to Martin's liability under the purported renewal note dated January 4, 1980, is her allegation that "Homer West, made a gift to her of and forgave any balance owed on any notes owed by [Martin] to him prior to his death."

  2. Miller v. Calhoun/Johnson Co.

    230 Ga. App. 648 (Ga. Ct. App. 1998)   Cited 22 times
    Rejecting failure of consideration argument for promissory note which was created to settle antecedent debt (citing O.C.G.A. § 11-3-408)

    (Emphasas omitted.) First State Bank c. Co. v. Young, 202 Ga. App. 566, 567 ( 415 S.E.2d 18) (1992). Here, the promissory note was created to settle Miller's antecedent obligation, notwithstanding Miller's subsequent denials that any such obligation existed.

  3. Nationsbank v. Peavy

    227 Ga. App. 137 (Ga. Ct. App. 1997)   Cited 8 times

    The defense of failure of consideration is not available where the note has been renewed. First State Bank c. Co. v. Young, 202 Ga. App. 566 ( 415 S.E.2d 18); Richards v. Southern Finance Corp., 171 Ga. App. 268 ( 319 S.E.2d 103). Furthermore, "`[t]he renewal cuts off all defenses of which the maker then had knowledge.'[Cits.]" Id. at 269 (1).

  4. Hammock v. Bank South

    483 S.E.2d 668 (Ga. Ct. App. 1997)

    Defects, if any, in appellants' prior contractual obligations to Bank South were cured when appellants voluntarily reassumed their debt and renewed their obligations by signing the promissory notes. First State Bank Trust Co. v. Young, 202 Ga. App. 566, 567 ( 415 S.E.2d 18) (1992); Coast Scopitone v. Self, 127 Ga. App. 124, 127 ( 192 S.E.2d 513) (1972). Accordingly, appellants' arguments present no material issue of fact to be tried in this action, and there was no error in granting appellee's motion for summary judgment.

  5. L. D. F. Family Farm, Inc. v. CharterBank.

    326 Ga. App. 361 (Ga. Ct. App. 2014)   Cited 19 times
    Holding that a debtor's nonperformance must have been caused by the conduct of the lender, which made performance useless or impossible

    And, LDF renewed the loan thereafter. “[T]he renewal of a note cuts off all defenses of which the maker then had knowledge.” First Bank & Trust Co. v. Young, 202 Ga.App. 566, 567, 415 S.E.2d 18 (1992) (citation omitted).LDF did not claim that the terms of the contracts were ambiguous, did not introduce evidence of fraud, accident or mistake, and nothing in the contracts required the lender to “work with” LDF before enforcing its collection rights under the note and guaranty.