Bullock v. Winter
Supreme Court of Georgia
In Equity, in Muscogee Superior Court. Decision by Judge Iverson, May Term, 1851. The question in this case arose upon a motion to dissolve the injunction upon the coming in of the answer.
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In Equity, in Muscogee Superior Court. Decision by Judge Iverson, May Term, 1851. The question in this case arose upon a motion to dissolve the injunction upon the coming in of the answer. The Bill filed by Winter, charged that in 1837, Bullock, then and now a citizen of North Carolina, sold to Morrison & Harrison, of the County of Richmond, State of Georgia, two rae e horses, Kite and Southerner, for the sum of $2900 and warranted them to be sound; that Morrison & Harrison gave their note, due 1st of Oct. 1837, for the purchase money; that at the time of the sale, Southerner, one of the…
1Opinion of the Court
By the Court.
Nisbet, J.
delivering the opinion.
[1.] This cause has been before this Court once before, upon a demurrer to the bill. Two facts were settled upon that writ of error, which are now to be noted. One was, that Bullock’s having warranted the horses to be sound, was not known to Winter when.he purchased the note upon Morrison & Plarrison. The other was, that Bullock being cognizant of the unsoundness of one of the horses, did-not, when he sold the note to Winter, communicate that fact to him. Upon the concession made by the demurrer, that these facts were true, this Court ruled that…
2Cited by8 opinions
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- McArthor v. OgletreeCourt of Appeals of Georgia · 1908
- Usry v. Hines-Yelton Lumber Co.Supreme Court of Georgia · 1933
- Dillon v. DillonSupreme Court of Georgia · 1878
- Cook v. PollardCourt of Appeals of Georgia · 1935
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