Lugrue v. Woodruff
Supreme Court of Georgia
Complaint, in Richmond Superior Court. Tried before Judge Holt, at October Term, 1859. This was an action by James F. Lugrue against Minus W. Woodruff, on a draft, of which the following is a copy, viz: “ Chattanooga, January 23d, 1S5S. $164. Three days after date, pay to the order of myself, one hundred and sixty-four dollars, value received, and charge the same to account of 202 sacks oats, marked W. . (Signed,) R. HOOPER. To M. W. Woodruff, Augusta, Ga.”
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Complaint, in Richmond Superior Court. Tried before Judge Holt, at October Term, 1859. This was an action by James F. Lugrue against Minus W. Woodruff, on a draft, of which the following is a copy, viz: “ Chattanooga, January 23d, 1S5S. $164. Three days after date, pay to the order of myself, one hundred and sixty-four dollars, value received, and charge the same to account of 202 sacks oats, marked W. . (Signed,) R. HOOPER. To M. W. Woodruff, Augusta, Ga.” (Endorsed,) “ pay James F. Lugrue. (Signed,) R. HOOPER.” Noted and protested for non-acceptance, January 27th, 1858. Noted and protested…
1Opinion of the Court
— Lumpkin J.
By the Court.
delivering the opinion.
The proof in this case did not go far enough. It should have been shown, either that the letter written by Woodruff, and which we hold to be a sufficient acceptance, was written to Hooper before the draft was endorsed to the plaintiff, which we are quite sure was not the*fact, or that the paper, after acceptance was refused, was returned to Hooper, and re-delivered by him to Lugrue, who took it upon the faith of the letter; or, that he advanced money or paid something of value upon it. If this proof can be supplied, the plaintiff will be…
2Cited by1 opinion
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