Legal Opinion

McCurdy v. Terry

Supreme Court of Georgia

Decided August 15, 1861PublishedCited by 6 opinions

Action of Assumpsit. In Forsyth Superior Court. Tried before Judge George D. Rice. At August Term, 1860. The following is a condensed statement of the facts and questions presented by the voluminous record in this case, to-wit: Some short time before the 19th of June, 1857, Samuhl Rawlins, who was a keen, shrewd trader, residing in the_county of Gwinnett, sent a message to one James F. Cockerell, to bring old nian Terry over to Rawlins’ house, to a big hard-shell meeting,…

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Action of Assumpsit. In Forsyth Superior Court. Tried before Judge George D. Rice. At August Term, 1860. The following is a condensed statement of the facts and questions presented by the voluminous record in this case, to-wit: Some short time before the 19th of June, 1857, Samuhl Rawlins, who was a keen, shrewd trader, residing in the_county of Gwinnett, sent a message to one James F. Cockerell, to bring old nian Terry over to Rawlins’ house, to a big hard-shell meeting, which Rawlins afterwards said he knew was not to take place when he sent the message. Cockerell, however, did go from…

1Opinion of the Court

By the, Court —

Lumpkin, J., delivering the opinion.

Samuel Rawlins sold to William Terry, a negro man named Harry, for which he gave him sixteen fifty dollar •notes. Rawlins transferred the notes to David R. McCurdy," who brought this action upon them. The defendant pleaded a failure of consideration, and knowledge of the fact by the plaintiff before he became the holder of the notes. In other words, that he was not a bona fide holder. The plaintiff read *55the notes to the jury on the trial, and closed his case. The defendant proposed offering evidence to show that the consideration of the notes…

2Cited by6 opinions

  1. Canal Insurance Co. v. TateCourt of Appeals of Georgia · 1965
  2. Loe v. BrownSupreme Court of Georgia · 1923
  3. Balark v. StateCourt of Appeals of Georgia · 1950
  4. Salmons v. StateSupreme Court of Georgia · 1903
  5. Canal Insurance Co. v. TateCourt of Appeals of Georgia · 1965

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