Wilson v. Morrison
Supreme Court of Georgia
Complaint, in Polk Superior Court. Nonsuit by Judge Hammond, April Term, 1859. This was an action by Benjamin J. Wilson, against James J. Morrison, on the following written instrument, which plaintiff sued on and describod in his petition as a promissory note, viz: '“$177. On or by the 25th December, 1S55,1 promise to pay B. J. Wilson or bearer, one hundred .and seventy-seven dollars, with interest from date.
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Complaint, in Polk Superior Court. Nonsuit by Judge Hammond, April Term, 1859. This was an action by Benjamin J. Wilson, against James J. Morrison, on the following written instrument, which plaintiff sued on and describod in his petition as a promissory note, viz: '“$177. On or by the 25th December, 1S55,1 promise to pay B. J. Wilson or bearer, one hundred .and seventy-seven dollars, with interest from date. This 19th Dec% 1853, for value received; said note to be paid out of a certain note I have this day traded to said Morrison, on L. B. Perryman, when collected, due at the same time as…
1Opinion of the Court
— Benning J.
By the Court.
delivering the opinion.
Did the Court err in granting the nonsuit ? We think not.
The instrument declared on, is so absurd as it stands, that we may assume it to contain a mista*ke. It is probable, that it was Wilson who drafted the instrument, and, that he, by inadvertence, forgetting that he was writing for Morrison, used the words, “ a certain note, I have this day traded to said Morrison,” instead of the words, a certain note, the said B. J. Wilson has traded to me.
Assuming this supposition to be true, did the Court err, in granting the nonsuit?
What, on this…
2Cited by3 opinions
- Scott v. Hussmann Refrigeration, Inc.Court of Appeals of Georgia · 1987
- Wilbanks v. SmithCourt of Appeals of Georgia · 1926
- Charles F. Noyes Co. v. HadsellCourt of Appeals of Georgia · 1964