Persons v. Jones
Supreme Court of Georgia
Case, &c., in Columbia Superior Court. Tried before Judge Starns. September Term, 1852. This was an action on the case, for a deceit. The alleged deceit was in trading to plaintiff a note tainted with usury, and concealing the fact. It appeared, on the trial, that plaintiff brought suit on the note, and upon á plea of usury, judgment was obtained against him. An exemplification of the proceedings in that cause, was in evidence.
Read the full summary
Case, &c., in Columbia Superior Court. Tried before Judge Starns. September Term, 1852. This was an action on the case, for a deceit. The alleged deceit was in trading to plaintiff a note tainted with usury, and concealing the fact. It appeared, on the trial, that plaintiff brought suit on the note, and upon á plea of usury, judgment was obtained against him. An exemplification of the proceedings in that cause, was in evidence. The errors assigned in this case, arose upon the charge of the Court. The counsel for the plaintiff asked the Court to charge that the action did not accrue to…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
This was an action on the case for a deceit, founded upon the following facts: Gabriel Jones, the defendant, as administrator of Joseph Barnes, deceased, held a note given originally by one Lewis S. Persons and others, to his intestate, and renewed to him after his appointment as administrator. This note was transferred to George W. Persons, the plaintiff, by delivery, in 1839. G. W. Persons held the note till 1845, when suit was brought by him against the makers, in the Inferior Court of Monroe County. They filed the plea of usury, and verified…
2Cases cited3 opinions
- Troup v. Executors of SmithNew York Supreme Court · 1822
- Leonard v. PitneyNew York Supreme Court · 1830
- Wharton v. LowreyU.S. Circuit Court for the District of Pennsylvania · 1796
3Cited by15 opinions
- Crawford v. McDonaldCourt of Appeals of Georgia · 1972
- Encking v. SimmonsWisconsin Supreme Court · 1871
- Bryson v. AvenCourt of Appeals of Georgia · 1924
- Irvin v. BentleyCourt of Appeals of Georgia · 1916
- Printup v. Alexander & WrightSupreme Court of Georgia · 1882
10 more not listed; retrieve them via the Exa API.