Gaulden v. Lawrence
Supreme Court of Georgia
Complaint. In Decatur Superior Court. Tried before Judge Allen. At April Term, 1860. On the 8th day of July, 1855, William J. Lawrence, the defendant in error, sold to John P. Gaulden, the plaintiff in error, a negro girl, slave, by the name of Phooebe, for the sum of $95.0 00. For a part of the purchase price, Gaulden gav'e his two promissory notes, payable to Lawrence or bearer, one for $70 00, due one day after date, and the other for $625 00, due the 1st day of January,…
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Complaint. In Decatur Superior Court. Tried before Judge Allen. At April Term, 1860. On the 8th day of July, 1855, William J. Lawrence, the defendant in error, sold to John P. Gaulden, the plaintiff in error, a negro girl, slave, by the name of Phooebe, for the sum of $95.0 00. For a part of the purchase price, Gaulden gav'e his two promissory notes, payable to Lawrence or bearer, one for $70 00, due one day after date, and the other for $625 00, due the 1st day of January, 1856. Lawrence executed to Gaulden a bill of sale for the slave, in which he warranted (amongst other things) that the…
1Opinion of the Court
By the Court —
Lumpkin, J., delivering the opinion.
We could not send this case back on account of the newly discovered evidence. If the forgetfulness of a party, at the trial, of a material fact, were held to be a sufficient reason to grant a new trial, it would be productive of great mischief, by eucouraging the grossest neglect in the preparation of a cause.
Neither does the obvious mistake of the jury in not allowing the credit of $200, endorsed on one of the .notes given in payment for the negro, constitute a good ground for a rehearing. The plaintiff could be compelled to count that amount…
2Cited by6 opinions
- Berwind White Coal Mining Co. v. City of New YorkCourt of Appeals for the Second Circuit · 1931
- Bullington v. ChandlerCourt of Appeals of Georgia · 1964
- Phillips v. StateCourt of Appeals of Georgia · 1939
- Taylor v. PerdueSupreme Court of Georgia · 1950
- Fowler v. StateSupreme Court of Georgia · 1947
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