Hook v. Stovall, Dunn & Co.
Supreme Court of Georgia
Complaint, in Jefferson Superior Court. Decision by Judge Holt, at April Term, 1860.^ This was an action upon a promissory note in the short form. The defense relied upon was a partial failure of consideration, in this : that the note sued on was given for a negro girl slave named Mary, warranted sound by defendants in error to plaintiff in error, when said slave was unsound at the time of sale.
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Complaint, in Jefferson Superior Court. Decision by Judge Holt, at April Term, 1860.^ This was an action upon a promissory note in the short form. The defense relied upon was a partial failure of consideration, in this : that the note sued on was given for a negro girl slave named Mary, warranted sound by defendants in error to plaintiff in error, when said slave was unsound at the time of sale. The question of fact was submitted by the Court to the jury, who rendered a verdict for the plaintiff in the Court below, for the full amount of the note, with damages for a frivolous appeal. The…
1Opinion of the Court
*420 By the Court.
Stephens, J.,
delivering the opinion.
The Judge refused to charge as requested, that before the jury could find the full amount of the note, they must first find that the negro was not diseased at the time of the warranty. Upon a former trial of this same case (see 26 Ga. Rep., 709,) this identical charge was refused by the presiding Judge, and adjudged by this Court to have been a proper charge. The refusal to give it was distinctly adjudged to have been error; why it should have been refused again, I cannot understand. All that we can do in the present position of the case is,…
2Cited by3 opinions
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- Smith v. KirkpatrickSupreme Court of Georgia · 1887
- Woodstock Village v. FowlerCourt of Appeals of Georgia · 1980