Legal Opinion

Hatcher v. Comer & Co.

Supreme Court of Georgia

Decided October 2, 1884PublishedCited by 9 opinions

Factors. Principal and Agent. Damages. Recoupment. Customs. Debtor and Creditor. Before Judge Fort. Macon Superior Court. November Term, 1883. To the report contained in the decision it is only necessary to add the following: Plaintiffs sued defendants on a note and open account.

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Factors. Principal and Agent. Damages. Recoupment. Customs. Debtor and Creditor. Before Judge Fort. Macon Superior Court. November Term, 1883. To the report contained in the decision it is only necessary to add the following: Plaintiffs sued defendants on a note and open account. Defendants introduced evidence to show that they obtained a loan from plaintiffs and shipped them two lots of cotton; the first lot they instructed plaintiffs to sample and put on the market, and pay the ■ note with the proceeds; they wrote plaintiffs to hold the second lot for instructions; both of these…

1Opinion of the Court

Blandford, Justice.

Comer & Company brought their action against Hatcher *421& Baldwin upon a promissory note for $1,038.90, dated May 30,1878, and due October the 15th thereafter; also upon an account for $70.83. The defendants pleaded payment of the note and recoupment as to the whole.

Upon the trial of the case, defendants introduced a letter in evidence from themselves to the plaintiffs, dated 17th October, 1878, in which they stated that they had shipped to plaintiffs forty-five bales of cotton, and instructed plaintiffs to sample and put the cotton on the market, and with the proceeds to pay…

2Cases cited3 opinions

  1. Hardeman & Hamilton v. FordSupreme Court of Georgia · 1852
  2. Pritchard v. Comer & Co.Supreme Court of Georgia · 1884
  3. Eason v. Saulsbury, Respess & Co.Supreme Court of Georgia · 1874

3Cited by9 opinions

  1. Miller & Co. v. Moore, Sims & Co.Supreme Court of Georgia · 1889
  2. Happ Bros. v. Hunter Manufacturing & Commission Co.Supreme Court of Georgia · 1916
  3. Tyson v. ShoemakerCourt of Appeals of Georgia · 1950
  4. Cole v. HollandSupreme Court of Georgia · 1963
  5. Wood & Brother v. Jones & SonCourt of Appeals of Georgia · 1912

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