Field v. Leak
Supreme Court of Georgia
Assumpsit. Scaling Ordinance. Tried before Judge Milner. Bartow Superior Court. March Term, 1867. This action was founded on three promissory notes, as follows : “ On or before the first day of September next, we, or either of us, promise to pay Henry P. Farrow, or bearer, the sum of seventeen hundred and fifty ($1750 00) with interest from date for value received. "Witness our hands and seals, .this the 5th day of September, 1861. A. J. Milner.
Read the full summary
Assumpsit. Scaling Ordinance. Tried before Judge Milner. Bartow Superior Court. March Term, 1867. This action was founded on three promissory notes, as follows : “ On or before the first day of September next, we, or either of us, promise to pay Henry P. Farrow, or bearer, the sum of seventeen hundred and fifty ($1750 00) with interest from date for value received. "Witness our hands and seals, .this the 5th day of September, 1861. A. J. Milner. J. F. LEAK, [l. s.] W. W. LEAK, [l. s.]” This note had on it receipts signed by Farrow for $95 00, Sept. 14th, 1861; $475 00, Oct. 22d, 1861 ; $29…
1Opinion of the CourtWalker, J.
We have repeatedly said that by the ordinance “to adjust the equities between parties,” more than the ordinary discretion is delegated to juries, and their finding should be respected, except in cases where manifest wrong has been done. To this ruling we still adhere; but this case comes within the exception.
The plaintiff occupies the position that Farrow formerly did. Farrow sold and Leak purchased about five thousand dollars worth of property, on the 5th of September, 1861; and by the contract Leak was to pay to Farrow, or bearer, that sum with interest, payable annually. The property, at…
2Cited by2 opinions
- Conyers v. Commissioners of Roads & RevenuesSupreme Court of Georgia · 1902
- High v. McHughSupreme Court of Georgia · 1868