Hall v. Page
Supreme Court of Georgia
Trover in Richmond Superior Court. Tried before Judge Holt, January Term, 1848. This was an action of Trover, for a promissory note, for seven hundred dollars, drawn by William E. Dealing and indorsed by William Dealing, and tried on this appeal. The following is a brief of the evidence submitted to the Jury. 1. Carter Crittenden, sworn for plaintiff. Heard plaintiff demand of defendant the note for which this suit is brought.
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Trover in Richmond Superior Court. Tried before Judge Holt, January Term, 1848. This was an action of Trover, for a promissory note, for seven hundred dollars, drawn by William E. Dealing and indorsed by William Dealing, and tried on this appeal. The following is a brief of the evidence submitted to the Jury. 1. Carter Crittenden, sworn for plaintiff. Heard plaintiff demand of defendant the note for which this suit is brought. Defendant refused to deliver it — told plaintiff to “ go to helP” — does not know the precise time, but it was immediately before this suit was brought. Cross Examined.…
1Opinion of the Court
By the Court,
Nisbet, J.
delivering the opinion.
It appears by the record, that the defendant, acting as agent for the plaintiff below, sold certain goods for his principal, and at the same time a small amount of goods of his’own ; and took in payment for the whole, a note uponsix months’ time; The plaintiff brought trover for the note. In the motion for a new trial, it is claimed that the Court below, admitting the* proposition of the defendant, that trover will not lie in favor of one tenant in common of a chattel, against his co-tenant, except in case of the destruction of the joint property,…
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