Legal Opinion

Phillips v. Williams

Supreme Court of Georgia

Decided December 15, 1869PublishedCited by 16 opinions

Confederate contract. Tender. Charge of the Court. Before Judge Bigby. Meriwether Superior Court. August Term, 1870. Phillips’ petition against Williams averred substantially that in said county, in 1863, he bargained with Williams for thirty-two thousand pounds of ginned cotton, at twenty-six cents per pound, payable in Confederate treasury notes; that he paid $1,000 00 in such currency in cash, and agreed to give him his note for the balance, payable in such currency, and…

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Confederate contract. Tender. Charge of the Court. Before Judge Bigby. Meriwether Superior Court. August Term, 1870. Phillips’ petition against Williams averred substantially that in said county, in 1863, he bargained with Williams for thirty-two thousand pounds of ginned cotton, at twenty-six cents per pound, payable in Confederate treasury notes; that he paid $1,000 00 in such currency in cash, and agreed to give him his note for the balance, payable in such currency, and to furnish bagging and rope for packing the cotton, Williams agreeing to gin and pack the cotton, and keep it for him,…

1Opinion of the CourtBrown, C. J.

One important point in controversy in this case was, whether the cotton was to be paid for in Confederate treasury notes, or whether it was to be paid for after the war, in the then currency of the country. Upon this part of the ease the Court charged the jury as follows: “If you believe from the evidence that the contract was made when cotton was worth forty or forty-five cents per pound, and that defendant was to receive only twenty-six cents per pound, that would be a strong cireumstanee to show that the note was not to be paid in Confederate money.” This amounts to a charge, that, if the…

2Cited by16 opinions

  1. Black v. MaddoxSupreme Court of Georgia · 1898
  2. McLeod v. HendrySupreme Court of Georgia · 1906
  3. Imperial Investment Co. v. Modernization Construction Co.Court of Appeals of Georgia · 1957
  4. Robinson v. StateSupreme Court of Georgia · 1950
  5. Golden v. StateCourt of Appeals of Georgia · 1932

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