Cheney v. Dalton
Supreme Court of Georgia
Lost note. Personalty. Delivery. Rescission. Before Judge Andrews. Oglethorpe Superior Court. October Adjourned Term, 1871. Jesse Dalton, for the use of James P. Dorough, brought complaint against "William O. Cheney, Enoch Cheney and Andrew J. Watson on a note alleged to be lost, proceedings for the establishment of which were then pending.
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Lost note. Personalty. Delivery. Rescission. Before Judge Andrews. Oglethorpe Superior Court. October Adjourned Term, 1871. Jesse Dalton, for the use of James P. Dorough, brought complaint against "William O. Cheney, Enoch Cheney and Andrew J. Watson on a note alleged to be lost, proceedings for the establishment of which were then pending. The copy attached to the declaration was as follows : “ $500 00. — One day after date we, or either of us, promise to pay James P. Dorough, or bearer, the sum of five hundred dollars, for value received. 4th January, 1860. “William O. Cheney, [Signed]…
1Opinion of the Court
Montgomery, Judge.
1. It is too late, in our practice, to object to amendments to pleadings upon mere technicalities. The legal effect of the lost note and the substituted copy sued on are identical. No new and distinct cause of action — no new and distinct parties. The amendment was properly allowed : Code, 3429, 3430.
2. Whether Dorough should have paid the taxes on the note after the rescission of the land trade, and before delivery of the note to him, depends entirely on whether the intention of the parties was to pass the title of the lost note to Dorough at the date of the rescinding…
2Cited by2 opinions
- Daniels v. BookerCourt of Appeals of Georgia · 1919
- Hardee v. LovettSupreme Court of Georgia · 1889