Grooms v. Olliff & Co.

Lumpkin, Justice.

Olliff & Co. brought suit in a justice’s court upon a promissory note signed by Grooms, indorsed by Outland, and payable to Donalson or bearer. The defendants pleaded that the note ivas procured by fraud, for that-it was given for the purchase of a mare sold to Grooms by one Warters, who represented that the animal was perfectly sound in every respect, when in point of fact she was, both before and at the tiriie of the purchase, *790diseased and totally worthless, all of which was well known to Warters, who fraudulently made the representation above mentioned for the purpose of…