Dukes v. Nelson
Supreme Court of Georgia
Complaint on note, from Cass county. Tided before Judge Crook, at March Term, 1859. This was an action by Enoch Nelson, executor of Hervey H. Nelson, deceased, against Joseph R. Dukes, on the following promissory note: On or before the first day of January, 1855, I promise to pay H. IT. Nelson, or bearer, the sum of nine hundred and fifty dollars for value received, this December 25th, 1854. (Signed, JOSEPH R. DUKES. The plaintiff read the note in evidence and closed.
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Complaint on note, from Cass county. Tided before Judge Crook, at March Term, 1859. This was an action by Enoch Nelson, executor of Hervey H. Nelson, deceased, against Joseph R. Dukes, on the following promissory note: On or before the first day of January, 1855, I promise to pay H. IT. Nelson, or bearer, the sum of nine hundred and fifty dollars for value received, this December 25th, 1854. (Signed, JOSEPH R. DUKES. The plaintiff read the note in evidence and closed. The defence was, that the note sued on was given for a negro boy named Henry, which IT. IT. Nelson, plaintiff’s testator, sold…
1Opinion of the Court
By the Court.
Benning J.
delivering the opinion.
The questions are: first, was the Court below right, in refusing the requests to charge ? Secondly, was it right, in its charge ?
The requests amounted to this; that, if there existed a breach of the warranty of soundness, made by Nelson to Dukes, the breach was a defence to Dukes, although he might have sold the negro, and transferred his bill of sale, containing the warranty; and this, whether Dukes, in buying from Nelson, did or did not, act as the agent of Weems.
The charge given was, in part, this; that, even if there existed a breach of the…
2Cited by7 opinions
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- Smith v. WilliamsSupreme Court of Georgia · 1903
- Evershine Products, Inc. v. SchmittCourt of Appeals of Georgia · 1973
- Hunter-Wilson Distilling Co. v. Foust Distilling Co.District Court, M.D. Pennsylvania · 1949
- Murray v. SmithNew York Court of Common Pleas · 1872
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