Legal Opinion

Sanders v. Johnson

Supreme Court of Georgia

Decided November 15, 1859PublishedCited by 12 opinions

Attachment and assumpsit, in Jones Superior Court. Tried before Judge Hardeman, at October Term, 1859. This was an attachment by F. S. Johnson, plaintiff below, against Gilla Sanders* defendant below, on the following promissory note, to-wit: $150. Jones County, Georgia, Nov. 4th, 1854. On or before the first day of January, 1856, we, or either of us, promise to pay F. S. Johnson, or bearer, one hundred and fifty dollars, value received. his (Signed,) WILSON M SANDERS, mark.…

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Attachment and assumpsit, in Jones Superior Court. Tried before Judge Hardeman, at October Term, 1859. This was an attachment by F. S. Johnson, plaintiff below, against Gilla Sanders* defendant below, on the following promissory note, to-wit: $150. Jones County, Georgia, Nov. 4th, 1854. On or before the first day of January, 1856, we, or either of us, promise to pay F. S. Johnson, or bearer, one hundred and fifty dollars, value received. his (Signed,) WILSON M SANDERS, mark. her GILLA H SANDERS, Witness. mark, his Berry x Sanders, mark. It appeared by agreement of counsel, that the note sued…

1Opinion of the Court

— Benning J.

By the Court.

delivering the opinion.

Was the Court below right in refusingto charge as requested ? We think so.

[1.] If the note, was given otherwise than in the exercise of “any worldly labor, business, or work of the ordinary” “ callings” of the parties to it, the note, though made on .Sunday, was not within the Act of 1762, (Cobb 853,) and, therefore, was not rendered void by that Act. The request takes no notice of this hypothesis, but assumes, that «//notes made on Sunday, are void, except those made-in “works of necessity or charity.” The request was, therefore, we think,…

2Cited by12 opinions

  1. McGowan v. MarylandSupreme Court of the United States · 1961
  2. Rodman v. Robinson.Supreme Court of North Carolina · 1904
  3. Hayden v. MitchellSupreme Court of Georgia · 1898
  4. Red Cypress Lumber Co. v. PerrySupreme Court of Georgia · 1903
  5. Dorough v. Equitable Mortgage Co.Supreme Court of Georgia · 1903

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