Legal Opinion

Krauss v. Flournoy

Court of Appeals of Georgia

Decided January 21, 1910No. 2183PublishedCited by 6 opinions

Complaint; from city court of Brunswick — E. C. Butts, judge pro hac vice. August 2, 1909.

1Opinion of the CourtPowell, J.

Where one sued upon promissory notes relies, for his defense, upon a failure of the consideration, and the evidence shows that the failure of consideration has not been total, he must, in-order to au- - thorize any diminution of the plaintiff’s recovery, introduce evidence showing the extent of the failure. Merely to prove that there has ' been a partial failure of consideration, without giving the jury any facts from-which they could calculate the extent, of the failure, is not sufficient. Where the defendant in such a case fails to make out his defense, it is permissible for the court to…

2Cited by6 opinions

  1. Ray v. MarettCourt of Appeals of Georgia · 1951
  2. Tarver v. ParkCourt of Appeals of Georgia · 1917
  3. Lanier v. WaddellCourt of Appeals of Georgia · 1951
  4. South Georgia Grocery Co. v. Virginia Baking Co.Court of Appeals of Georgia · 1923
  5. Cleveland & Sons v. EvansCourt of Appeals of Georgia · 1925

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