McDonald v. Napier
Supreme Court of Georgia
Assumpsit, in Bibb Superior Court. Tried before Judge Johnson, May Term, 1853. These two writs of error, being both taken from the same judgment in the Court below, were consolidated by consent of parties, and argued together.
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Assumpsit, in Bibb Superior Court. Tried before Judge Johnson, May Term, 1853. These two writs of error, being both taken from the same judgment in the Court below, were consolidated by consent of parties, and argued together. The following are the facts; Charles H. Rice, as receiver of the assets of the Bank of Macon, obtained, in April, 1845, a decree in Chancery, in Twiggs Superior Court, against Edward Carey, assignee of the Bank of Columbus, and Leroy Napier security on appeal, for about 21,000 dollars, principal and interest. On the 4th June, 1845, Napier, the security on appeal, to…
1Opinion of the Court
By the Gourt.
Nisbet, J.
delivering the opinion.
[1.] On the trial of the cause below, the defendants there, and the plaintiffs in error here, Messrs. McDonald, Bailey & Powers, requested the Court to instruct the Jury, “ that if they were the attorneys or solicitors of Rice, the plaintiff in the fi. fa. and Napier paid the money to them for Rice, as such attorneys or solicitors, without fraud, duress or mistake, they are not liable to be sued by Napier; and if there was any fraud, du*95ress or mistake, he was bound to allege and prove it. Judge Johnson declined to give tlie instruction asked; but…
2Cases cited3 opinions
- Nicoll v. NicollCourt for the Trial of Impeachments and Correction of Errors · 1836
- St. John v. DiefendorfNew York Supreme Court · 1824
- Gridley v. Garrison & FormanNew York Court of Chancery · 1834
3Cited by32 opinions
- Miedreich v. RankIndiana Court of Appeals · 1907
- Studdard v. EvansCourt of Appeals of Georgia · 1964
- Renick v. LudingtonWest Virginia Supreme Court · 1880
- Kenney v. WaldenCourt of Appeals of Georgia · 1922
- Stewart v. FlowersMississippi Supreme Court · 1870
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