Legal Opinion

Cox v. Sullivan

Supreme Court of Georgia

Decided July 15, 1849No. 26PublishedCited by 25 opinions

Assumpsit, &c. in Sumter Superior Court. Tried before Judge Warren, May Term, 1S49. This was an action against Thomas C.'Sullivan, an attorney at law, surviving partner of Sullivan and Fraser, for misconduct, in failing to collect the amount of a note placed in the hands of the firm for collection.

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Assumpsit, &c. in Sumter Superior Court. Tried before Judge Warren, May Term, 1S49. This was an action against Thomas C.'Sullivan, an attorney at law, surviving partner of Sullivan and Fraser, for misconduct, in failing to collect the amount of a note placed in the hands of the firm for collection. On the trial the following receipt was given in evidence: “On or before the first day of January next, we or either of us, promise to pay John Rawls, or bearer, two hundred and thirty-five dollars, with interest from date, for value received. May 11, 1839. (Signed) Dempsey J. Justice, Levi Justice.…

1Opinion of the Court

By the Court —

Nisbet, J.

delivering tlie opinion.

[1.] We believe that the Circuit Judge erred in repelling parol evidence of the fact, that the note receipted for. by the defendant was indorsed by John Rawls. The receipt describes a note made by Dempsey J. Justice and Levi Justice. The action was brought to charge the defendant for professional negligence, in damages. On the trial the plaintiff offered to prove by parol, that the note was indorsed by John Rawls, in order to lay the ground-work for proving negligence, in not suing him. The objection made here to the evidence is, that the…

2Cases cited3 opinions

  1. WILCOX v. the Executors of PlummerSupreme Court of the United States · 1830
  2. Crooker v. HutchinsonSupreme Court of Vermont · 1827
  3. Huntington v. RumnillSupreme Court of Connecticut · 1809

3Cited by25 opinions

  1. Hughes v. MaloneCourt of Appeals of Georgia · 1978
  2. Berman v. RubinCourt of Appeals of Georgia · 1976
  3. Floro v. LawtonCalifornia Court of Appeal · 1960
  4. Simmerson v. BlanksCourt of Appeals of Georgia · 1979
  5. Kellos v. SawilowskySupreme Court of Georgia · 1985

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