Pitts v. Allen
Supreme Court of Georgia
Contracts. Evidence. PromissoryITot.es. Public Policy. Master and Servant. Hiring. Before Judge Harris. Pike Superior Court. April Term, 1883. Pitts brought suit in the county court of Pike county against Allen on a promissory note for $5,560, payable to plaintiff or bearer. The case was carried by appeal to the superior court.
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Contracts. Evidence. PromissoryITot.es. Public Policy. Master and Servant. Hiring. Before Judge Harris. Pike Superior Court. April Term, 1883. Pitts brought suit in the county court of Pike county against Allen on a promissory note for $5,560, payable to plaintiff or bearer. The case was carried by appeal to the superior court. The defendant pleaded the general issue and failure of consideration, alleging that the consideration of the note was the hire of a certain negro for twelve months, and that it was agreed at the time that, if the negro died, the note was not to be paid; that defendant…
1Opinion of the Court
Blandrord, Justice.
This was an action upon a promissory note made by defendant, payable to plaintiff or bearer, for the sum of fifty-five dollars and sixty cents, for value received. To this action defendant pleaded failure of consideration, because he says that said note was given for,and in consideration of the services of a certain person for twelve months, and at and before the making said note, plaintiff agreed that, if the person whose services were to be rendered to defendant died before the expiration of the year, then nothing was to be paid for such services, and that the person did…
2Cases cited4 opinions
- Lester & Lester v. FowlerSupreme Court of Georgia · 1871
- Lufburrow v. HendersonSupreme Court of Georgia · 1860
- Cooper v. BerrySupreme Court of Georgia · 1857
- Stripling v. HoltonSupreme Court of Georgia · 1882
3Cited by17 opinions
- Orr v. CooledgeSupreme Court of Georgia · 1903
- Baggs v. FunderburkeCourt of Appeals of Georgia · 1912
- Byrd & Co. v. Marietta Fertilizer Co.Supreme Court of Georgia · 1906
- Burke v. NapierSupreme Court of Georgia · 1898
- Hawkins v. CollierSupreme Court of Georgia · 1897
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