Johnson v. Sims
Supreme Court of Georgia
New trial. Charge of Court. Before Judge Harvey. Floyd Superior Court. July Adjourned Term, 1872. Sims brought complaint against Johnson on a due bill, dated October 11th, 1865, signed by L. B. Reed and defendant, payable to James S. Sims, or bearer, for $390 23 in gold. The declaration stated that Reed was a non-resident of the State. No process was prayed as against him. The defendant pleaded the general issue and payment.
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New trial. Charge of Court. Before Judge Harvey. Floyd Superior Court. July Adjourned Term, 1872. Sims brought complaint against Johnson on a due bill, dated October 11th, 1865, signed by L. B. Reed and defendant, payable to James S. Sims, or bearer, for $390 23 in gold. The declaration stated that Reed was a non-resident of the State. No process was prayed as against him. The defendant pleaded the general issue and payment. The defense sought to be established by the evidence was that Sims, Reed and Johnson formed a copartnership for the purchase and sale of cotton. Sims was to advance all…
1Opinion of the Court
Trippe, Judge.
1. The charge of the Court to the jury, as given in the fifth ground of the motion for a new trial, does not violate the rule prescribed in section 3183 of Irwin’s Revised Code. It only recites a clear legal principle. The note sued on was *122an unconditional promise to pay the principal and interest mentioned; and this could not be, and was not denied, either as a fact, or a correct statement of a legal truth. The Court did not assume before the jury what was or was not proven. The charge only gives what, in law, the note was, that is, construed a written instrument, which was in…
2Cited by2 opinions
- Carter v. JohnsonSupreme Court of Georgia · 1923
- Pelt v. HurtSupreme Court of Georgia · 1896