Simmons v. Blackman
Supreme Court of Georgia
Action on Note, in Eloyd Superior Court. Tried before Judge Jno. H. Lumpkin, August Term, 1853. This was an action brought by Blackman against Simmons, on a promissory note, given for the hire of two negro women. The defendant filed a plea of total, and also of partial failure of consideration, as to one of the negroes.
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Action on Note, in Eloyd Superior Court. Tried before Judge Jno. H. Lumpkin, August Term, 1853. This was an action brought by Blackman against Simmons, on a promissory note, given for the hire of two negro women. The defendant filed a plea of total, and also of partial failure of consideration, as to one of the negroes. On the trial, the defendant, in support of his plea of partial failure of consideration, offered testimony that one of the women was, at the time of the hiring, in a state of pregnancy. This testimony being objected to, was rejected by the Court, bn the ground that total…
1Opinion of the Court
By the Court.
Starnes, J.,
delivering the opinion.
[l.J In this case, the Court below refused evidence to support the plea of partial failure of consideration, on the ground, that by the Act of 26th December, 1836, (Cobb’s Rf. Big. 490) such plea could be made available only in such cases, under such circumstances, and between such parties as would now admit the plea of total failure of consideration; and that, as this case would not admit the plea of total failure of consideration, the other plea could not be made available.
At Common Law, a plea of partial failure of consideration might have…
2Cited by1 opinion
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