Legal Opinion

East Tennessee, Virginia & Georgia Railway Co. v. Hayes

Supreme Court of Georgia

Decided October 28, 1889PublishedCited by 42 opinions

Railroads. Damages. Accord and satisfaction. Fraud. Contracts. Rescission. Tender. Before Judge Yan Epps. City court of Atlanta. June term, 1889. Reported in the decision.

1Opinion of the Court

Blandford, Justice.

The defendant in error brought his action in the court below against the plaintiff in error to recover damages for injuries which he alleged he had received by reason of the carelessness and negligence of its servants and agents. To this action the defendant pleaded the general issue, and accord and satisfaction, in this, that before the commencement of the plaintiff’s action, the plaintiff and defendant had agreed upon a settlement, by which the plaintiff was to receive and did receive $100 in satisfaction of any injury which he had received from the defendant, and by…

2Cases cited8 opinions

  1. Gould v. . Cayuga County National BankNew York Court of Appeals · 1881
  2. Cobb v. . HatfieldNew York Court of Appeals · 1871
  3. Kimball v. CunninghamMassachusetts Supreme Judicial Court · 1808
  4. Doane v. LockwoodIllinois Supreme Court · 1886
  5. Oswego Starch Factory v. LendrumSupreme Court of Iowa · 1881

3 more not listed; retrieve them via the Exa API.

3Cited by42 opinions

  1. Brown v. Techdata Corp.Supreme Court of Georgia · 1977
  2. Och v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1895
  3. Petty v. Brunswick & Western Railway Co.Supreme Court of Georgia · 1900
  4. Olston v. Oregon Water Power & Ry. Co.Oregon Supreme Court · 1908
  5. Williams v. FottchéSupreme Court of Georgia · 1924

37 more not listed; retrieve them via the Exa API.

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