Legal Opinion

Allen v. Young

Supreme Court of Georgia

Decided February 15, 1879PublishedCited by 17 opinions

Practice in the Supreme Court. Sales. Warranty. Evidence. Before Judge Crawford. Talbot Superior Court. September Adjourned Term, 1878. Young brought complaint against Allen, in the statutory form, on two notes, payable to Pacific Guano Company, or bearer, one dated March 31,- 1877, for $70.00, the other dated May 16, 1877, for $35.00, both due on October 15, after date, given for “Pacific Guano.”

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Practice in the Supreme Court. Sales. Warranty. Evidence. Before Judge Crawford. Talbot Superior Court. September Adjourned Term, 1878. Young brought complaint against Allen, in the statutory form, on two notes, payable to Pacific Guano Company, or bearer, one dated March 31,- 1877, for $70.00, the other dated May 16, 1877, for $35.00, both due on October 15, after date, given for “Pacific Guano.” The notes contained this stipulation : “It is further agreed that I purchase the fertilizer for which this writing is given in settlement, entirely upon the basis of the analytical standard…

1Opinion of the Court

Bleckley, Justice.

1. In statutory complaint, the writings declared upon, copies thereof being annexed to the declaration, are a part of the pleadings, and must necessarily come to this couit in the transcript of the record. As to them, therefore, it is enough for the bill of exceptions to state that they were introduced in evidence. The writ of error will not be dismissed because they are not again copied, or because their contents do not appear otherwise than from the copies in the pleadings. 10 Ga., 1, (3); 41 Ib., 293.

2. The notes given to the company for the price of the fertilizer having…

2Cases cited1 opinion

  1. Carey v. GilesSupreme Court of Georgia · 1851

3Cited by17 opinions

  1. Pryor v. Ludden & Bates Southern Music HouseSupreme Court of Georgia · 1910
  2. Hampton Guano Co. v. Hill Live-Stock Co.Supreme Court of North Carolina · 1915
  3. Swift Co. v. . AydlettSupreme Court of North Carolina · 1926
  4. Swift & Co. v. AydlettSupreme Court of North Carolina · 1926
  5. Patterson v. CollierSupreme Court of Georgia · 1887

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