Wilson v. Brandon & Shanhon
Supreme Court of Georgia
Motion for new trial, in Talbot Superior Court. Decided by Judge Alexander, July, 1849. Brandon & Shanhon brought suit against Joseph Buchanan and Joseph Wilson, on a promissory note, to which Wilson pleaded that he was only surety, and was discharged by indulgence granted by plaintiffs to Buchanan, by contract, for a valuable consideration, paid to the plaintiffs. There was a verdict for plaintiffs below.
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Motion for new trial, in Talbot Superior Court. Decided by Judge Alexander, July, 1849. Brandon & Shanhon brought suit against Joseph Buchanan and Joseph Wilson, on a promissory note, to which Wilson pleaded that he was only surety, and was discharged by indulgence granted by plaintiffs to Buchanan, by contract, for a valuable consideration, paid to the plaintiffs. There was a verdict for plaintiffs below. Wilson moved for a new trial, on the ground that he was surprised on the trial, by the evidence of one Helms, his own witness, who failed to prove that Wilson was surety, after having…
1Opinion of the Court
By the Court.
Warner, J.
delivering the opinion.
[1.] The defendant in the Court below, made a motion for a new trial in the cause, on the ground of mistake and surprise. To the action of the plaintiffs, the defendant pleaded that he was only security for Buchanan, and that after the note became due, the plaintiffs agreed with Buchanan, the principal debtor, to give him further time for the payment of the note, for a valuable consideration.
On the trial, the defendant proved the truth of his plea, so far as the contract of indulgence was concerned, by Ivey, a witness sworn in his behalf. The…
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