Mitchell v. Printup
Supreme Court of Georgia
Assumpsit and new trial, from Floyd county. Decided by Judge Hammond, August Term, 1857. Joseph J. Printup brought his action in the Court below, against Daniel R. Mitchell, upon the following instrument in writing: “Rome, 18th January, 1847. I hold a note on Dennett Lawrence for $600, due the 25th day of next December, made payable to me, in which Joseph Printup and myself are jointly interested. (Signed,) DANIEL R. MITCHELL.”
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Assumpsit and new trial, from Floyd county. Decided by Judge Hammond, August Term, 1857. Joseph J. Printup brought his action in the Court below, against Daniel R. Mitchell, upon the following instrument in writing: “Rome, 18th January, 1847. I hold a note on Dennett Lawrence for $600, due the 25th day of next December, made payable to me, in which Joseph Printup and myself are jointly interested. (Signed,) DANIEL R. MITCHELL.” And also, for $300, for money had and received by the defendant, to and for the use of plaintiff. The facts, .necessary to a proper understanding of the judgment of…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.. Printup sued Mitchell for $30©. They held jointly a note for $600 on one Lawrence. Mitchell gave Printup his receipt acknowledging that Printup was joint owner of the paper. Lawrence paid Mitchell the note. Mitchell sold PrintupTa negro for $600; and insisting that Printup’s interest in the Lawrence note was settled'in this way, he pleaded payment, and set-off to Printup’s' suit. Larkin Barnett swore on the trial, that while Printup was working on the Railroad, he heard him admit that his interest in thé Lawrence note was settled in the…
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