H. B. Claflin & Co. v. Briant
Supreme Court of Georgia
Guaranty. Indorsement. Contracts. Evidence. New Trial. Before Judge McCutohen. Bartow Superior Court. July Term, 1876. The newly discovered evidence relied on as a ground for new trial, presented the following facts: At the time that Chapman & Dobson bought the stock of goods from Briant, they gave him a mortgage to secure the payment of promissory notes to the amount of $6,400.00 for purchase money, covering the entire stock and all future additions which might be made…
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Guaranty. Indorsement. Contracts. Evidence. New Trial. Before Judge McCutohen. Bartow Superior Court. July Term, 1876. The newly discovered evidence relied on as a ground for new trial, presented the following facts: At the time that Chapman & Dobson bought the stock of goods from Briant, they gave him a mortgage to secure the payment of promissory notes to the amount of $6,400.00 for purchase money, covering the entire stock and all future additions which might be made thereto.' This mortgage was dated June 12th, 1874. On the 22d of the same month, Briant transferred, by indorsement, for…
1Opinion of the Court
Warner, Chief Justice.
The plaintiffs brought their action against Chapman & Dobson as makers of a promissory note for the sum of $677.16, and George J. Briant, as indorser or guarantor thereof. The plaintiffs also allege that they sold and delivered goods to Chapman & Dobson, to the amount of said •note so given to them by said last-named parties, upon the faith and credit of the following letter, written by the defendant, Briant, to one Glass, in the city of New York:
“ Cartersville, Ca., Sept. 10th, 1874.
“Mr. W. A. Glass:
“Dear Sir — Messrs. Chapman & Dobson have just started in business in…
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