Morgan v. Printup Bros. & Pollard
Supreme Court of Georgia
Promissory Notes. Failure of Consideración. Pleadings. Before W. M. Reese, Esq., Judge pro hac vice. Columbia Superior Court. March Term, 1883. In addition to the report contained in tbe decision, it is' only necessary to state that each of the first two notes stated its consideration to be £< one 6 EL P. engine, 2d hand, and 1 Smith H. P. cotton pressand the other two stated their consideration to be a cotton gin.
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Promissory Notes. Failure of Consideración. Pleadings. Before W. M. Reese, Esq., Judge pro hac vice. Columbia Superior Court. March Term, 1883. In addition to the report contained in tbe decision, it is' only necessary to state that each of the first two notes stated its consideration to be £< one 6 EL P. engine, 2d hand, and 1 Smith H. P. cotton pressand the other two stated their consideration to be a cotton gin. The plea of failure of consideration, filed by Morgan, was as follows : “Defendant says the consideration for which the note for the one 6 H. P. Scofield engine was given has…
1Opinion of the Court
Blandeord, Justice.
■ 1. The defendants in error sued plaintiffs in error on four promissory notes, two for the expressed consideration of one steam engine and one cotton press, two for expressed consideration of one cotton gin. Defendant pleaded that the-consideration of the notes for' the steam engine has entirely failed, etc.; and the consideration of the gin notes-*68has failed, because the gin was represented as a good gin, when, on the contrary, the ribs of the gin were made of inferior soft metal, and wore out the first season, etc.
The court charged the jury, inter alia: ‘As to the «agine,…
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- Otis Bros. v. HolmesSupreme Court of Georgia · 1900
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