Legal Opinion

McLendon v. Wilson, Callaway & Co.

Supreme Court of Georgia

Decided January 15, 1874PublishedCited by 7 opinions

Settlement.' Promissory notes. Factors. Interrogatories. New trial. Practice in the Supreme Court. Before Judge Buchanan, Troup Superior Court. November Term, 1872. The only ground of the motion for new trial necessary to be reported is the first, which was because the court erred in refusing to reject the deposition of R. T. Wilson, for the rea.son that the answer to the thirteenth cross-interrogatory was ^evasive and incomplete.

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Settlement.' Promissory notes. Factors. Interrogatories. New trial. Practice in the Supreme Court. Before Judge Buchanan, Troup Superior Court. November Term, 1872. The only ground of the motion for new trial necessary to be reported is the first, which was because the court erred in refusing to reject the deposition of R. T. Wilson, for the rea.son that the answer to the thirteenth cross-interrogatory was ^evasive and incomplete. The question and answer referred to were as follows: “ Please state if the understanding was not that statements or explanations should be submitted subsequent to…

1Opinion of the Court

Warner, Chief Justice..’This was an action brought by the plaintiffs against the defendant on two drafts dated 31st August, 1867, for $3,819 24 each, one due ninety days and the other sixty days after date, drawn by the defendant on the plaintiffs, payable to their order, acceptance waived. ' To this action the defendant pleaded that said drafts were without consideration, in this, that he had purchased cotton and shipped the same to plaintiffs as commission merchants in New York; that by improper and exorbitant charges, and in failing to sell his cotton according to instructions and usage,…

2Cited by7 opinions

  1. National Duck Mills v. Catlin & Co.Court of Appeals of Georgia · 1912
  2. Thompson v. Neely & WilcoxCourt of Appeals of Georgia · 1924
  3. Farmers State Bank v. SingletaryCourt of Appeals of Georgia · 1918
  4. Pilcher & Dillon v. SmithCourt of Appeals of Georgia · 1924
  5. Talcott v. ChewU.S. Circuit Court for the Southern District of Georgia · 1885

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