Robinson v. Wilson
Supreme Court of Georgia
Debt, in Carroll Superior Court. Tried before Judgo Bull, June Term, 1855. This was an action on two promissory, notes, amounting,, together, to Five Thousand and Ninety Dollars, besides interest.
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Debt, in Carroll Superior Court. Tried before Judgo Bull, June Term, 1855. This was an action on two promissory, notes, amounting,, together, to Five Thousand and Ninety Dollars, besides interest. The pleas of defendant were, that the notes were given fora manufacturing establishment,, including buildings-, machinery, goods, &c..; that a portion of the goods.and machinery sold had been removed and sold by plaintiff after the sale-; and also, .that the machinery was represented. to him, by plaintiff, to be new and good, and of the most improved kind;, whereas, it was old and worn out, and…
1Opinion of the Court
By the Court.
Benning, J.
delivering the opinion.
First. Was the Court right in striking out the pleas of a partial failure of consideration?
The grounds on which the Court went, seem to have been ■ two: first, that the pleas had not- been filed at the first' *507term; secondly, that as the consideration of the notes was, ■in part, land, the case Avas such as not to admit of the plea of a total failure of' consideration; and therefore, in the ¡opinion of the Court, was such as not to admit of the plea of a partial failure of consideration, the Court seeming to think that unless a case is such as to…
2Cited by3 opinions
- Berry v. Cooper & BoykinSupreme Court of Georgia · 1859
- Mell v. MoonySupreme Court of Georgia · 1860
- Alpharetta Feed & Poultry Co. v. CockeCourt of Appeals of Georgia · 1950