Mitchell v. Rome Rail Road
Supreme Court of Georgia
Action on note, in Floyd Superior Court. Tried before Judge Trippe, December Term, 2854. The following is the bill of exceptions, which contains the facts of the case: The suit was brought by the Rome Branch R. R. & Steamboat Company, upon the following note : “ Rome, September 10th, 1846. $500. Due the Memphis Branch Rail Road & Steamboat Company of Georgia, Five Hundred Dollars, payable on demand. (Signed) ’ D. R. MITCHELL.”
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Action on note, in Floyd Superior Court. Tried before Judge Trippe, December Term, 2854. The following is the bill of exceptions, which contains the facts of the case: The suit was brought by the Rome Branch R. R. & Steamboat Company, upon the following note : “ Rome, September 10th, 1846. $500. Due the Memphis Branch Rail Road & Steamboat Company of Georgia, Five Hundred Dollars, payable on demand. (Signed) ’ D. R. MITCHELL.” “ $250. Or. the within note by Two Hundred and Fifty Dollars upon Jos. J. Printup’s note. J. E. PARK, Sec.” Defendant’s Counsel objected to reading the same in evidence…
1Opinion of the Court
By the. Court.
Benning, J.
delivering the opinion.
The first assignment of error is, that the Court below permitted the “paper or note described in the declaration” to be read as evidence to the Jury.
That paper or note is in the following words:
“ Rome, September 10th, 1846. $500; Due the Memphis Branch Rail Road & Steamboat Company of Georgia, Eive Hundred Dollars, payable on de.rnand. D. R. MITCHELL.”
The objections made to the admission of this paper in evidence, may be resolved into two. 1. That the charter did not authorize the company to take such a note. 2. That if the charter did this, the…
2Cited by9 opinions
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- Pittsburgh, Wheeling & Kentucky R. R. v. ApplegateWest Virginia Supreme Court · 1882
- Western Southern Fire Ins. Co. v. MurpheySupreme Court of Oklahoma · 1916
- Bryan v. the South-Western Rail RoadSupreme Court of Georgia · 1867
- Bryne v. BryneMassachusetts Supreme Judicial Court · 1911
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