Atkinson & Clark v. Lanier
Supreme Court of Georgia
Contracts. Gold. Damages. Before Judge HarrÍS. Troup Superior Court. November Term, 1881. Lanier et al. brought suit against Atkinson & Clark on the following note: #1,500.00. Ten months after date we promise to pay Mary Ann, V. J. and Eliza F. and Rufus A. Anderson, minor children of John B. Anderson, fifteen hundred dollars in gold or its equivalent, with interest from date, for value received. March' 8,1866. (Signed.) Atkinson & Clark.”
Read the full summary
Contracts. Gold. Damages. Before Judge HarrÍS. Troup Superior Court. November Term, 1881. Lanier et al. brought suit against Atkinson & Clark on the following note: #1,500.00. Ten months after date we promise to pay Mary Ann, V. J. and Eliza F. and Rufus A. Anderson, minor children of John B. Anderson, fifteen hundred dollars in gold or its equivalent, with interest from date, for value received. March' 8,1866. (Signed.) Atkinson & Clark.” Defendants pleaded the general issue and a special plea to the effect that plaintiffs were not parties to the consideration of the note, nor intended as…
1Opinion of the Court
Jackson, Chief Justice.
This is an action on a promissory note to pay the plaintiffs fifteen hundred dollars “ in gold or its equivalent; ” and the controlling question is, what is the measure of damages on a breach of the contract in not making payment in 1867, when the note fell due. The plaintiffs are minors, and hence are not barred, having had no guardian or legal representative; and the suit was recently brought and was decided by the judge of the superior court of the Coweta circuit, without a jury by agreement of the parties, at the November term, 1881, of Troup superior court. When…
2Cases cited9 opinions
- Miles v. United StatesSupreme Court of the United States · 1881
- Shiels v. StarkSupreme Court of Georgia · 1854
- James v. ElliottSupreme Court of Georgia · 1871
- Carter v. StanfieldSupreme Court of Georgia · 1850
- Gould & Co. v. City of AtlantaSupreme Court of Georgia · 1878
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Stonecypher v. Georgia Power Co.Supreme Court of Georgia · 1936
- Simmons v. International Harvester Co. of AmericaCourt of Appeals of Georgia · 1918
- Georgia Casualty Co. v. Dixie Trust & Security Co.Court of Appeals of Georgia · 1919
- Fireman's Fund Insurance v. DavisCourt of Appeals of Georgia · 1930
- Ramsey-Fender Motor Co. v. ChapmanCourt of Appeals of Georgia · 1932
1 more not listed; retrieve them via the Exa API.