Rowland v. Devon Manufacturing Co.
Court of Appeals of Georgia
Certiorari; from Floyd superior court—Judge Wright. June 27, 1916. The Devon Manufacturing Company sued in a justice’s court for $30.99, on an account from which it appeared that this sum was a balance due on the price of “1 Devon’s 10c A punch asst.
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Certiorari; from Floyd superior court—Judge Wright. June 27, 1916. The Devon Manufacturing Company sued in a justice’s court for $30.99, on an account from which it appeared that this sum was a balance due on the price of “1 Devon’s 10c A punch asst. No. 8, $40.00.” Liability was denied by the defendant on the ground that the account was for “a lottery or gambling device.” . At the trial on appeal in the justice’s court the defendant was introduced as a witness for the plaintiff, and from his testimony it appeared that the property described in the account was sold to him on a written order…
1Opinion of the CourtWade, C. J.
The evidence did not demand a finding that the contract sued upon was based upon a gambling, immoral, or illegal consideration; and the judge of the superior court did not err in overruling the cer-. tiorari. Judgment affirmed.
George and Lulce, JJ.¡ concur. Counsel for the plaintiff in error
cited: Alexander v. Allanta, 13 Ga. App. 354 (79 S. E. 177); Townsend v. State, 14 Ga. App. 757, 761 (82 S. E. 253); Meyer v. State, 112 Ga. 20 (37 S. E. 96, 51 L. R. A. 496, 81 Am. St. R. 17); Equitable Loan &c. Co. v. Waring, 117 Ga. 599 (44 S. E. 320, 62 L. R. A. 93, 97 Am. St. R. 177); DeFlorin v.…
2Cases cited11 opinions
- Equitable Loan & Security Co. v. WaringSupreme Court of Georgia · 1903
- Meyer v. StateSupreme Court of Georgia · 1900
- Russell v. Equitable Loan & Security Co.Supreme Court of Georgia · 1907
- DeFlorin v. StateSupreme Court of Georgia · 1905
- Whitley v. McConnellSupreme Court of Georgia · 1910
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