Hopkins, Allen & Co. v. Cooper & GilliLand
Supreme Court of Georgia
Deceit, in Chatham Superior Court. Tried before Judge Fleming, at January Term, 1859. This was an action on the case by Hopkins, Allen & Ou. against Cooper & Gilliland, for falsely and’fraudulently giving to one William II.
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Deceit, in Chatham Superior Court. Tried before Judge Fleming, at January Term, 1859. This was an action on the case by Hopkins, Allen & Ou. against Cooper & Gilliland, for falsely and’fraudulently giving to one William II. Turner, of the firm of Preston & Turner, a letter of credit, knowing that he was unwoi’thy of credit, and by reason of which letter, plaintiffs sold to said Turner & Preston a bill of goods amounting to about twelve hundred dollars, whereby they were damaged, &c. At the trial, counsel for plaintiff, amongst other things, tendered in evidence the letter of credit written by…
1Opinion of the Court
*394 By the Court.
Benning, J.,
delivering the opinion.
Was the court below right in excluding the letterfrom the jury ? We think so.
It is not insisted by the plaintiffs’ counsel that this letter could make the writers of it liable for any amount whatever of goods that might be sold to Turner by the persons for whom it was intended. But where are we to draw the line? There is nothing in the letter to tell us; and if we go outside of the letter, we go into the region of mere speculation, where, on the same facts, one judge, one jury, would put the line here, another there. A representation of this…
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