Jones v. Keer & Hope
Supreme Court of Georgia
In Equity, in Gilmer Superior Court. Tried before Judge Rice, at December Term, 1859. This was a bill filed by Samuel Jones and William Cox, administrators of Jonathan Cox, deceased, against Kerr & Hope, to enjoin an action at law, and for discovery.
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In Equity, in Gilmer Superior Court. Tried before Judge Rice, at December Term, 1859. This was a bill filed by Samuel Jones and William Cox, administrators of Jonathan Cox, deceased, against Kerr & Hope, to enjoin an action at law, and for discovery. The bill alleges, substantially, that Jones and Jonathan Cox were induced to become the sureties of one A. J. Williams on a promissory note payable to Kerr & Hope, which note was given in lieu, or payment of a fi. fa. held by Kerr & Hope against said Williams, and was signed by said Jones and Cox, as his securities, under the agreement and upon…
1Opinion of the Court
*95 By the Court
Lumpkin, J.,
delivering the opinion.
Ereeman acted in this transaction as the agent, not as the attorney at law, of Kerr & Hope. His testimony, therefore, given on the common law trial, was legal, and would have been admissible, had it been objected to; as it was not his answer to the bill, if in life, as a co-defendant could not be excluded, and could be used against his principal. Being dead, his original answers are to be received as the sworn statements of a competent witness — perhaps more than this, of one of the parties to the contract with the complainants.
As to the charge…
2Cited by6 opinions
- Rice v. Fidelity & Deposit Co.Court of Appeals for the Eighth Circuit · 1900
- National Surety Co. v. LongCourt of Appeals for the Eighth Circuit · 1903
- Mansfield v. BarberSupreme Court of Georgia · 1877
- Taylor v. ScottSupreme Court of Georgia · 1878
- J. S. Mayfield Lumber Co. v. MannSupreme Court of Oklahoma · 1916
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