Bond v. Whitfield
Supreme Court of Georgia
Complaint, in Baker Superior Court. Tried before Judge Allen, at the November Term, 1860. The single question in this case arose out of the following state of facts, to-wit: Matthew Whitfield, as administrator of John Tompkins, deceased, instituted proceedings, in Baker Superior Court, to establish a lost draft, of which the following is a copy, to-wit: “ Albany, Geo., March 26, 1857. “On the first day of December next, please pay to the estate of John Tompkins, or order,…
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Complaint, in Baker Superior Court. Tried before Judge Allen, at the November Term, 1860. The single question in this case arose out of the following state of facts, to-wit: Matthew Whitfield, as administrator of John Tompkins, deceased, instituted proceedings, in Baker Superior Court, to establish a lost draft, of which the following is a copy, to-wit: “ Albany, Geo., March 26, 1857. “On the first day of December next, please pay to the estate of John Tompkins, or order, twenty-six hundred and forty-four dollars and eighty-one cents, value received, and charge the same to the account of…
1Opinion of the Court
*217 By the Court.
Jenkins, J.,
delivering the opinion.
The defendant in error proceeded, simultaneously, (under the Act of 5th March, 1856, Pamph., 238), to establish a copy of a bill of exchange drawn by plaintiff in error, and to institute suit against said drawer, on the lost paper.
The bill was drawn upon Sims & Cheever, and by them accepted, and had been noted for non-payment.
On the trial of this case, the plaintiff below offered in evidence a certified exemplification of the proceeding to establish a copy of said lost draft, or bill of exchange. Erom this exemplification, it appeared that a…
2Cited by4 opinions
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