Morrow v. Hanson
Supreme Court of Georgia
Assumpsit and motion for a new trial, in Henry Superior Court. Heard and decided by Judge Stark, October Term, 1850. An action of assumpsit was instituted by Samuel Hanson against Radford E. Morrow and Vincent P. Morrow, on-promissory notes, the balance of the purchase money for a jackass, purchased by Morrow from Hanson, returnable to October Term, 1846, of Henry Superior Court.
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Assumpsit and motion for a new trial, in Henry Superior Court. Heard and decided by Judge Stark, October Term, 1850. An action of assumpsit was instituted by Samuel Hanson against Radford E. Morrow and Vincent P. Morrow, on-promissory notes, the balance of the purchase money for a jackass, purchased by Morrow from Hanson, returnable to October Term, 1846, of Henry Superior Court. The notes were dated the ■-, 1840, and fell due on the 25th day of December of the same year, and were for thirty dollars each. The defendants pleaded failure of consideration. On the trial the plaintiff demurred to…
1Opinion of the Court
By the Court.
Warner. J.
delivering the opinion.
The only point in this case is, whether in a suit upon a promissory note by the plaintiff, the defendant may show, by way of defence, a warranty of the property for which the note was given, and that the consideration had totally failed, the warranty being by farol, and more than four years having elapsed from the time of making such parol warranty. The general rule of law is, that where there is a total failure of the consideration, and the defendant has derived no benefit from the contract, or none beyond the amount of money which he has already…
2Cited by18 opinions
- Swindell & Co. v. Bainbridge State BankCourt of Appeals of Georgia · 1908
- Byrom v. RingeCourt of Appeals of Georgia · 1951
- Champion v. WellsCourt of Appeals of Georgia · 1976
- A. D. L. Sales Co. v. GaileyCourt of Appeals of Georgia · 1934
- Vanguard Properties Development Corp. v. MurphyCourt of Appeals of Georgia · 1975
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