Lloyd v. Cheney
Supreme Court of Georgia
Complaint. Motion for new trial. Decided by Judge Wokrill. Talbot Superior Court, March Term, 1867. This was complaint on a promissory note dated the 7th of March, 1863,- and due twelve months after date, whereby Isaac Cheney promised to pay John T. Lloyd, or bearer, $10,700 00 for value received.
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Complaint. Motion for new trial. Decided by Judge Wokrill. Talbot Superior Court, March Term, 1867. This was complaint on a promissory note dated the 7th of March, 1863,- and due twelve months after date, whereby Isaac Cheney promised to pay John T. Lloyd, or bearer, $10,700 00 for value received. Cheney plead the general issue, and that the consideration for the note was Confederate States treasury notes, and by agreement the note was to be paid in such currency; that .he tendered the amount, in that currency, in payment; that Lloyd refused to receive it; that he kept the currency till it…
1Opinion of the CourtWalker, J.
We have in several cases held that the ordinance of November, 1865, “to adjust the equities between parties,” does not impair the obligation of contracts. It furnishes a rule of evidence by which to ascertain the real meaning of parties to contracts in certain cases, and give those contracts an equitable construction, so that verdicts and judgments thereon may be rendered on principles of equity. The ordinance does not authorize the Court to make contracts for parties, but enables the Court to do justice ip the enforcement of contracts made under a state of circumstances differing from those…
2Cited by3 opinions
- Irwin v. YoungSupreme Court of Georgia · 1955
- Conyers v. Commissioners of Roads & RevenuesSupreme Court of Georgia · 1902
- Irwin v. YoungSupreme Court of Georgia · 1955