Woolfolk v. Beach
Supreme Court of Georgia
Practice in tbe Superior Court. Contracts. Promissory notes. Before Judge Bartlett. Houston Superior Court. May Term, 1878. Beach sued Woolfolk on a written promise in the following form : “Georgia, Houston County,-, 1876. Know all men "by these presents : That I, John W. Woolfolk, the undersigned, of said county and state, do acknowledge the receipt, at the date of these presents, from W. H. Beach merchant and dealer in fertilizers, of Savannah, Ga., of 16 000 pounds of the…
Read the full summary
Practice in tbe Superior Court. Contracts. Promissory notes. Before Judge Bartlett. Houston Superior Court. May Term, 1878. Beach sued Woolfolk on a written promise in the following form : “Georgia, Houston County,-, 1876. Know all men "by these presents : That I, John W. Woolfolk, the undersigned, of said county and state, do acknowledge the receipt, at the date of these presents, from W. H. Beach merchant and dealer in fertilizers, of Savannah, Ga., of 16 000 pounds of the fertilizer known as the W. & C. Super-phosphate, manufactured by the New Jersey Chemical Company, valued at this date…
1Opinion of the Court
Jackson, Justice.
This was a motion for a new trial, the grounds of which were that the court should have continued the case, and erred in striking certain pleas of defendant.
1. The court entered judgment without a jury after the pleas were all stricken. Among them was a plea of the general issue. This should not have been stricken, but as it was an issuable defense filed on oath, it carried the case *70to the jury, and put the plaintiff upon proof of his case before them. The court, therefore, erred in rendering a judgment without permitting the jury to pass upon that plea. Causey vs. Cooper, 41…
2Cited by3 opinions
- Wilcox, Gibbs & Co. v. OwensSupreme Court of Georgia · 1880
- Hardee, Sons & Co. v. GrinerSupreme Court of Georgia · 1888
- Cohn & Son v. FarkasCourt of Appeals of Georgia · 1916