Legal Opinion

Cleaveland v. Stewart

Supreme Court of Georgia

Decided August 15, 1847No. 45PublishedCited by 18 opinions

This was an action of Assumpsit, brought by the plaintiff in error, against the defendants in error, and 'William Robertson, then in life, but who died pending the action, in Upson Superior Court, and was tried before Judge Floyd, April Term, 1847. The action was predicated upon an instrument, of which the following is a copy, to wit: “We the Trustees of the Oakchumpna Academy, promise to pay A. C. Cleaveland or his order, six hundred dollars,for teaching a school at said…

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This was an action of Assumpsit, brought by the plaintiff in error, against the defendants in error, and 'William Robertson, then in life, but who died pending the action, in Upson Superior Court, and was tried before Judge Floyd, April Term, 1847. The action was predicated upon an instrument, of which the following is a copy, to wit: “We the Trustees of the Oakchumpna Academy, promise to pay A. C. Cleaveland or his order, six hundred dollars,for teaching a school at said Academy, during eleven months of the year (1840) eighteen hundred and forty. We pay said money on the first day of the…

1Opinion of the Court

By the Court.

Nisbet, J.,

delivering the opinion.

I do not consider, as claimed by counsel, that this case is [1.] controlled by tliat of Ghent vs. Adams, in 2 Kelly R. 214. In that case, tbe instrument sued on was made by certain individuals, with the addition of the letters J. I. C. tp each of their names. The Court ruled that they were not individually liable upon the face of the paper; that the letters J. I. C. indicated their character as Justices of tbe Inferior Court, and as public agents; and that credit must have been given to them in that character. Being public agents — the agents in…

2Cases cited3 opinions

  1. Stackpole v. ArnoldMassachusetts Supreme Judicial Court · 1814
  2. Tippets v. WalkerMassachusetts Supreme Judicial Court · 1808
  3. In the case of the Corp. of St. Mary's Church (Roman Catholic) in the city of Philadelphia on a proposed alteration of its CharterSupreme Court of Pennsylvania · 1822

3Cited by18 opinions

  1. Raleigh & Gaston Railroad v. Pullman Co.Supreme Court of Georgia · 1905
  2. Phinizy v. BushSupreme Court of Georgia · 1907
  3. McRitchie v. Atlanta Trust Co.Supreme Court of Georgia · 1930
  4. Dorsey v. RankinCourt of Appeals of Georgia · 1931
  5. City of Jefferson v. HolderSupreme Court of Georgia · 1943

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