122 Ga. 660 | Ga. | 1905
In the early part of 1902 the Sprague Mercantile Agency, of Chicago, 111., sent an agent to the city of Savannah. It appears that the business of this mercantile agency was to collect for merchants doubtful and insolvent claims. After frequent visits and much persuasion the representative of this agency induced Hart, the defendant in error, to enter, into a contract under the terms of which Hart promised to pay the agency $100,' and gave his note payable to the agency or order, due six months after date. The Sprague Company, through its said agent, gave to Hart a written paper, or certificate, wherein it acknowledged to have received a retainer fee of $100, for three years service from date, entitling the holder to participate in all the benefits and privileges of the agency in “ Class A ” during said period, provided Hart would in good faith perform the duties and obligations incident to such service by sending a list of accounts, notes, etc., to the “Home Office” within sixty days. The company further agreed to collect, over and above the amount paid as retainer fee and commissions, at least $500 in cash from the claims of Hart within the time specified (three years), and if it failed to collect that amount within three years Hart should be entitled to the full use of its services until such amount was collected. There are other promises and stipulations in the certificate, which it is not necessary to mention. Hart sent notes and accounts to the agency amounting to over $1,100; and not hearing from it he demanded his note returned. How long he waited to hear from the agency before writing for his note does not appear. . He testifies that in reply to his demand for the note the officers of the agency denied having such a note. The record discloses that the reason they did not have the note was, that, after receiving it from Hart, the agent in Savannah sold it to Morrison, the plaintiff in error. When the. note fell due Morrison deposited it in a bank for collection. Hart refused to pay, and Morrison brought his action on the note in a justice’s court. To this action Hart filed a plea that the note was “ made without consideration; that
Judgment reversed.