Levens v. Smith
Supreme Court of Georgia
Certiorari. Before Judge Harris. Heard superior court. September term, 1896. Levens sued Smith upon a note for $50, dated September 24, 1895, and due on November 1, after date.
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Certiorari. Before Judge Harris. Heard superior court. September term, 1896. Levens sued Smith upon a note for $50, dated September 24, 1895, and due on November 1, after date. Defendant pleaded, that the note was given for an engine bought for the purpose of ginning and running in the season of 1894 especially, and such other work as defendant might desire; that plaintiff, at and before the sale of the engine, knew it was intended to be used for the purpose especially of pulling a fifty-saw gin to be run for public custom; that said engine was entirely unfit and not reasonably suited to the…
1Opinion of the CourtFish, J.
1. It appears from the record, that at the trial of this case on appeal to a jury in the justice’s court, the defendant amended his pleading by admitting that he executed the note and that the plaintiff was the legal owner and holder of it. In his petition for certiorari the plaintiff complains that thereupon the defendant was allowed, over objection, to open and conclude the argument before the jury. We do not think there is any merit in this complaint. In Montgomery v. Hunt, 93 Ga. 438, this court held that: “Where suit was brought by the holder of a promissory note payable to the order of…
2Cases cited1 opinion
- Montgomery v. HuntSupreme Court of Georgia · 1894
3Cited by7 opinions
- Dorough v. JohnsonSupreme Court of Georgia · 1899
- Walker v. BryantSupreme Court of Georgia · 1900
- Farmers & Merchants Bank v. BrantleyCourt of Appeals of Georgia · 1917
- Mobley v. ChristianCourt of Appeals of Georgia · 1928
- Pitts v. BodeCourt of Appeals of Georgia · 1991
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