Legal Opinion

Daniel v. Johnson

Supreme Court of Georgia

Decided August 15, 1859PublishedCited by 6 opinions

Assumpsit, in Spaldiug Superior Court. Tried before .Judge Cabaniss, at May Term, 1859. This was an action of assumpsit by Egbert P. Daniel, against James L. Johnson, on three promissory notes; one for $1,150, payable 25th December, 1851; one for $200, payable 25th December, .1854, and one for #140, dated 8th January, 1852, and payable one day after date.

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Assumpsit, in Spaldiug Superior Court. Tried before .Judge Cabaniss, at May Term, 1859. This was an action of assumpsit by Egbert P. Daniel, against James L. Johnson, on three promissory notes; one for $1,150, payable 25th December, 1851; one for $200, payable 25th December, .1854, and one for #140, dated 8th January, 1852, and payable one day after date. The following credits were endorsed on the eleven hundred and fifty dollar note, viz : “ One half of James L. Johnson’s stock, when ascertained, at wholesale prices, is to be placed to his credit on this note. 1st June, 1852, which is #556…

1Opinion of the Court

— Stephens J.

By the Court.

delivering the opinion.

This was a case where Johnson, the defendant, was seeking to diminish the demand of the plaintiff, Daniel, by showing that he had turned over notes to the plaintiff, with an understanding that they were to be applied as a credit on the notes sued on.

[1.] The plaintiff objected to the proof on that point. We can see no valid objection to its admission. It was rather vague to be sure, being an admission of plaintiff, that he had received notes to a certain amount to be applied to the defendant’s indebtment, without stating what indebt*211merit; but…

2Cited by6 opinions

  1. Jones v. BlackburnCourt of Appeals of Georgia · 1947
  2. Coonrod v. MaddenIndiana Supreme Court · 1890
  3. Klem v. Southeast Ceramics, Inc.Court of Appeals of Georgia · 1977
  4. Uhl v. MoorhousIndiana Supreme Court · 1894
  5. Bland v. StateSupreme Court of Georgia · 1954

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