Legal Opinion

Lynch v. Goldsmith

Supreme Court of Georgia

Decided September 15, 1879PublishedCited by 11 opinions

Negotiable instruments. Indorsement. Protest. Charge of court. Before Judge Clark. City Court of Atlanta. December Term, 1878. Goldsmith sued Lynch as indorser on five certificates of deposit differing only in dates and amounts, one of which is copied in the first head-note, aggregating $1,450.00, besides interest. The declaration was in the short statutory form with copies attached.

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Negotiable instruments. Indorsement. Protest. Charge of court. Before Judge Clark. City Court of Atlanta. December Term, 1878. Goldsmith sued Lynch as indorser on five certificates of deposit differing only in dates and amounts, one of which is copied in the first head-note, aggregating $1,450.00, besides interest. The declaration was in the short statutory form with copies attached. The defendant pleaded as follows : 1. The general issue. 2. That on December 9, 1873, the defendant exchanged the certificates sued on with plaintiff for a house and lot, and indorsed them in blank solely for the…

1Opinion of the Court

Bleckley, Justice.

There was no cause for arresting the judgment. The declaration was framed on a correct theory of the law, was full enough, and set forth a cause of action. The instructions of the court, except that portion of the same embraced in that ground of the motion for new trial numbered 4th in the report, were substantially correct, but did not exhaust the case. The request to charge reported in the 5th ground of the motion was proper, and was in writing. It should have been given to the jury, A new trial results from the denial of the request, and from the misdirection which is…

2Cases cited6 opinions

  1. Meador v. Dollar Savings BankSupreme Court of Georgia · 1876
  2. Stubbs v. GoodallSupreme Court of Georgia · 1848
  3. Cohen v. PraterSupreme Court of Georgia · 1876
  4. Carey v. McDougaldSupreme Court of Georgia · 1849
  5. Frank v. Longstreet, Sedgwick & Co.Supreme Court of Georgia · 1871

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

3Cited by11 opinions

  1. Hull v. MyersSupreme Court of Georgia · 1893
  2. Lamar v. TaylorSupreme Court of Georgia · 1914
  3. Woodbridge v. DroughtSupreme Court of Georgia · 1903
  4. Mereness v. First National BankSupreme Court of Iowa · 1900
  5. Lamar, Taylor & Riley Drug Co. v. First National BankSupreme Court of Georgia · 1907

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

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