Cutcher v. Jones
Supreme Court of Georgia
New Trial. Ordinance of 1865. Interrogatories. Parol to vary Writing. Before Judge Knight. Union Superior Court. October Term, 1869. Jones sued Cutcher upon his single bill for $1,520 23, payable “in good paper money,” made the 8th of October, 1862, twelve months after date.
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New Trial. Ordinance of 1865. Interrogatories. Parol to vary Writing. Before Judge Knight. Union Superior Court. October Term, 1869. Jones sued Cutcher upon his single bill for $1,520 23, payable “in good paper money,” made the 8th of October, 1862, twelve months after date. On it $700 00 was receipted for on the 30th of April, 1863, and $115 00 on the 30th of May, 1863. Cutcher pleaded the general issue, payment in full, and set off of $119 50.__ The plaintiff read as evidence the note, and- closed. Defendant offered to prove that plaintiff told him when he gave the note, that he' would…
1Opinion of the CourtMcCAY, J.
Taking all the evidence in this case, we cannot but feel that the verdict of the jury is about right, that substantial justice has been done. We cannot give our assent to some of the charges of the Court, as, for instance, that the jury might reject the contract altogether, and go upon the abstract equity of the transaction; or, that the jury might consider the value of the payment in specie, and only credit the note with that value. Both these propositions have been denied by this Court.
1. But we do not see that the verdict of the jury has been influenced by these illegal charges. They have…
2Cited by3 opinions
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