Hayes v. East Tenn., Va. & Ga. Railway Co.
Supreme Court of Georgia
Accord and satisfaction. Fraud. Before Judge Van Epps.' City court of Atlanta. September term, 1891. Hayes sued the railway company in an action'of trespass on tbe case, for fraud and deceit in procuring an accord and satisfaction, as specified in the declaration. At the hearing the defendant moved orally to dismiss the action, and after an amendment to the declaration the motion was sustained, to which ruling plaintiff’ excepted.
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Accord and satisfaction. Fraud. Before Judge Van Epps.' City court of Atlanta. September term, 1891. Hayes sued the railway company in an action'of trespass on tbe case, for fraud and deceit in procuring an accord and satisfaction, as specified in the declaration. At the hearing the defendant moved orally to dismiss the action, and after an amendment to the declaration the motion was sustained, to which ruling plaintiff’ excepted. The petition alleged: Petitioner while a car-coupler in defendant’s employment and while in the discharge of his duty on January 31, 1887, was injured by the…
1Opinion of the Court
*264 Judgment affirmed.
He alleges the following facts as an explanation sufficient in law to account for his delay in bringing the present action : Being ignorant and unacquainted with law he relied wholly upon his attornej^s as to the form of action to be pursued. Soon after learning that he had been deceived he sought legal aid in recovering his rights. Ilis counsel were bona fide of the opinion that, under the facts of the case, no necessity existed for refunding the money paid before suing for the injury done by the accident, aud accordingly sued for the original negligence and tort. To this…
2Cited by8 opinions
- Sumner v. SumnerSupreme Court of Georgia · 1904
- Wiley v. Rome InsuranceCourt of Appeals of Georgia · 1913
- Howard v. Georgia Home InsuranceSupreme Court of Georgia · 1897
- Bankers Health & Life Insurance v. GivensCourt of Appeals of Georgia · 1931
- Atchison, Topeka & Santa Fe Railway Co. v. BennettSupreme Court of Kansas · 1901
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