Hotchkiss v. Newton
Supreme Court of Georgia
Debt and certiorari, in Richmond Superior Court. Decision by Judge Starnes, at Chambers, July 18, 1851. Gideon Hotchkiss brought suit in the Court of Common Pleas of Augusta, against George M. Newton, as the executor of Thomas Hopkins, deceased, upon the following instrument: “For value received, I promise to pay G. Hotchkiss, five hundred dollars in castings, to be delivered at Hopkins & Hardeman’s foundry in Augusta — G. Hotchkiss’ present account to go towards the payment…
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Debt and certiorari, in Richmond Superior Court. Decision by Judge Starnes, at Chambers, July 18, 1851. Gideon Hotchkiss brought suit in the Court of Common Pleas of Augusta, against George M. Newton, as the executor of Thomas Hopkins, deceased, upon the following instrument: “For value received, I promise to pay G. Hotchkiss, five hundred dollars in castings, to be delivered at Hopkins & Hardeman’s foundry in Augusta — G. Hotchkiss’ present account to go towards the payment of said five hundred dollars. (Signed,) THOMAS HOPKINS. The castings to be furnished at 6 cts. per lb. Indorsed— $256…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
[1.] This suit was brought in the Court of Common Pleas of Augusta, by Gideon Hotchkiss, against George M. Newton, as executor of Thomas Hopkins, deceased, on a written instrument without date, of which the following is a copy :
“ For value received, I promise to pay to Gideon Hotchkiss, five hundred dollars in castings, at Hopkins & Hardeman’s foundry in Augusta — said Hotchkiss’ present account to go in part payment. (Signed,) THOMAS HOPKINS.
The castings to be taken at 6 cts. per lb.”
On this instrument was indorsed a credit of $256 99 cts. the…
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