Thomas v. Kinsey
Supreme Court of Georgia
Trover, in Hancock Superior Court. Tried before Judge Baxter, April Term, 1850. This was an action of trover, by John W. Kinsey against George Bell, (and since his decease, James Thomas, his administrator,) for a promissory note for $900, made by Jesse B. Battle, payable,to John W. Kinsey or bearer, and dated 16th October, 1844, and due at one day.
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Trover, in Hancock Superior Court. Tried before Judge Baxter, April Term, 1850. This was an action of trover, by John W. Kinsey against George Bell, (and since his decease, James Thomas, his administrator,) for a promissory note for $900, made by Jesse B. Battle, payable,to John W. Kinsey or bearer, and dated 16th October, 1844, and due at one day. Plaintiff proved the demand of George Bell, and his refusal to deliver it up, on the ground that he had purchased the note of Nelson Spain, and paid him for it. Plaintiff offered in evidence, the deposition of Nelson Spain, examined by commission.…
1Opinion of the Court
By the Court.
Nisbet, J.
delivering the opinion.
The Court below did not, in our judgment, err in admitting the interrogatories of the witness, Spain, tendered by the plaintiff. The action was trover, brought to recover a promissory note by Kinsey, the original owner, against the administrator (Mr. Thomas) of Bell, who had bought it of the witness, Spain. The great question in the case was, whether the title of the purchaser was good against the title of the first owner and payee of the note. The plaintiff below took out a commission for the purpose of examining, and did examine Spain, relative…
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