Whigham v. Hall & Co.
Court of Appeals of Georgia
Appeal; from Jefferson superior court — Judge Rawlings. May Í1, 1910. This was a suit brought in the county court, on a promissory note. From a judgment in favor of the plaintiffs, the defendants appealed to the superior court. The case ik before this court on exceptions to the judgment of the superior court in striking the pleas and in directing a verdict for the plaintiffs.
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Appeal; from Jefferson superior court — Judge Rawlings. May Í1, 1910. This was a suit brought in the county court, on a promissory note. From a judgment in favor of the plaintiffs, the defendants appealed to the superior court. The case ik before this court on exceptions to the judgment of the superior court in striking the pleas and in directing a verdict for the plaintiffs. The note sued on recited that it was given for the purchase-money of two mules described therein, and contained a reservation of title in the vendor of the mules until full payment of the note; also the following clause:…
1Opinion of the CourtHill, C. J.
(After stating the foregoing facts.)
1. The plea of partial failure of consideration set up facts which, if proved, would constitute a good defense as to the mule which the plea alleged was unsound and suffering from pneumonia at the date of the sale, and had died before the maturity of the note. For the purpose of avoiding the effect of this plea, it is insisted by learned counsel for the defendants in error that the language contained in the note, that the maker agreed to pajr for the property even if it should be lost, damaged, or. destroyed, or died from any cause whatever, excluded any…
2Cases cited6 opinions
- Pryor v. Ludden & Bates Southern Music HouseSupreme Court of Georgia · 1910
- Elgin Jewelry Co. v. Estes & DozierSupreme Court of Georgia · 1905
- Randle v. Stone & Co.Supreme Court of Georgia · 1886
- McMahan v. TysonSupreme Court of Georgia · 1857
- Roberts v. MathewsSupreme Court of Georgia · 1886
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Bond & Maxwell v. PerrinSupreme Court of Georgia · 1916
- Holt Manufacturing Co. v. JaussaudWashington Supreme Court · 1925
- Toller v. HewittCourt of Appeals of Georgia · 1913
- Bell v. MenziesCourt of Appeals of Georgia · 1964
- Cochran v. Jones & OglesbyCourt of Appeals of Georgia · 1912
3 more not listed; retrieve them via the Exa API.