Terhune v. Dever
Supreme Court of Georgia
Complaint on Note. Tried before Judge Underwood. Polk Superior Court. July Term, 1867. Dever was sued by John Terhune upon a promissory note for $150.00, made by him on the 19th of November, 1856, payable to Anna L. Terhune or bearer. The defence was that the consideration of the note was a brood mare, bought as such by Dever from Dr. A. A. Terhune, as agent for the payee, and warranted to be sound, when, in fact, she was unsound and worthless.
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Complaint on Note. Tried before Judge Underwood. Polk Superior Court. July Term, 1867. Dever was sued by John Terhune upon a promissory note for $150.00, made by him on the 19th of November, 1856, payable to Anna L. Terhune or bearer. The defence was that the consideration of the note was a brood mare, bought as such by Dever from Dr. A. A. Terhune, as agent for the payee, and warranted to be sound, when, in fact, she was unsound and worthless. The plaintiff read the note to the jury and closed. The defendant testified in his own behalf that he went with Dr. A. A. Terhune, who acted as agent…
1Opinion of the CourtWalker, J.
1. Ought the Court to have granted a new trial in this case ? If the testimony be credible, it is pretty clear that the purchaser received no valuable consideration for the note. The mare purchased was not only worthless, but was an expense. The agent of the seller said she was sound, and defendant acted upon this representation and made the trade. Ought the plaintiff to receive pay for an article represented to be sound, and which was then unsound and worthless ? The Revised Code, Sec. 3117, says : “Misrepresentation of a| material fact, made willfully to deceive, or recklessly without I…
2Cited by8 opinions
- Napier v. StrongCourt of Appeals of Georgia · 1917
- Carroll v. Centralia Water Co.Washington Supreme Court · 1893
- Bass v. Seaboard Air Line Railroad Co.Supreme Court of Georgia · 1949
- Turner Bros. v. ClarkeSupreme Court of Georgia · 1915
- Cochran v. JonesSupreme Court of Georgia · 1890
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