Legal Opinion

Strain v. Wright

Supreme Court of Georgia

Decided November 15, 1849No. 94PublishedCited by 17 opinions

In Equity, in Greene Superior Court. Tried before Judge Merriwether, September Term, 1849. Robert T. Wright purchased a negro of Jacob T. Wright, paid a portion of the jturchase money, and gave his promissory note for the balance. Subsequently, suit was brought upon this nolo, and to this suit a plea of infancy, at the time of the making of the contract, was filed. On the trial, proof having been introduced to sustain the plea, the action was dismissed.

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In Equity, in Greene Superior Court. Tried before Judge Merriwether, September Term, 1849. Robert T. Wright purchased a negro of Jacob T. Wright, paid a portion of the jturchase money, and gave his promissory note for the balance. Subsequently, suit was brought upon this nolo, and to this suit a plea of infancy, at the time of the making of the contract, was filed. On the trial, proof having been introduced to sustain the plea, the action was dismissed. The plaintiff in error then filed a bill, alleging the foregoing facts, and insisting that the defendant had, by his pie a and proof,…

1Opinion of the Court

By the Court. —

Warner, J.

delivering the opinion.

Two grounds of error are alleged to the judgment of the Court below, in this case. First, in refusing to give to the Jury the instructions asked by the counsel for the complainant. Second, in giving to the Jury the instructions as set forth in the recoi'd before us.

It appears that the defendant had purchased from the complainant’s intestate a negro, for which he paid a part of the purchase money, and executed his note for the balance. At the time this contract was executed, the defendant was an infant, who took the negro into his possession.…

2Cases cited2 opinions

  1. Badger v. PhinneyMassachusetts Supreme Judicial Court · 1819
  2. Jefford's Adm'r v. Ringgold & Co.Supreme Court of Alabama · 1844

3Cited by17 opinions

  1. Nathans v. ArkwrightSupreme Court of Georgia · 1880
  2. Hood v. DurenCourt of Appeals of Georgia · 1924
  3. Gonackey v. General Accident, Fire & Life Assurance Corp.Court of Appeals of Georgia · 1909
  4. Wallace v. LeroyWest Virginia Supreme Court · 1905
  5. Shuford v. AlexanderSupreme Court of Georgia · 1884

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