Hoffman v. Oates
Supreme Court of Georgia
Charge of Court. Warranty. Practice in Supreme Court. Before Judge Marshall J. Clarke. Fulton Superior Court. September Term, 1885. Oates, as executor of Baker, deceased, brought an action of complaint against Hoffman, on a promissory note, dated May 26,1881, due thirty days after date, for $450. On it were two credits, one dated May 27, and one July 26, 38S1, and the balance was sued for.
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Charge of Court. Warranty. Practice in Supreme Court. Before Judge Marshall J. Clarke. Fulton Superior Court. September Term, 1885. Oates, as executor of Baker, deceased, brought an action of complaint against Hoffman, on a promissory note, dated May 26,1881, due thirty days after date, for $450. On it were two credits, one dated May 27, and one July 26, 38S1, and the balance was sued for. The defendant pleaded failure of consideration, in that the note sued on was given for a balance due on horses, which were represented to be sound, healthy and reasonably suited to the purposes for which…
1Opinion of the Court
Jackson, Chief justice.
This is a suit brought by the representative of a deceased livery-stable man against another livery-stable man on a note for four hundred and fifty dollars, with two credits upon it at different times for one hundred and fifty dollars each. The jury found the balance due on the note, and the defendant, having filed a plea of failure of consideration and recoupment, because some of the horses were worthless, or of less value than he paid for them, and for care of them when sick, made a motion for a new trial, and on its denial excepted.
1. The verdict is amply supported…
2Cited by8 opinions
- Lunsford, Maxwell & Co. v. Malsby & AverySupreme Court of Georgia · 1897
- Cook & Co. v. FinchSupreme Court of Georgia · 1903
- Hunt v. PollardCourt of Appeals of Georgia · 1937
- Griffin v. BarrettSupreme Court of Georgia · 1938
- Kronman v. Roush Produce Co.Court of Appeals of Georgia · 1907
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