Legal Opinion

Pinckard v. Ponder

Supreme Court of Georgia

Decided February 15, 1849No. 35PublishedCited by 13 opinions

Assumpsit, in Monroe Superior Court. Tried before Judge Floyd, September Term, 1848. Daniel Ponder brought suit in the Superior Court of Monroe County, against John Pinckard, on a note for $1232 38. The defendant pleaded the general issue, usury, and a special plea, setting forth that Ponder had agreed to indulge Pinckard on the note sued on, until he could purchase a certain tract of land of one Moses Harris, which he agreed to take in payment of the note.

Read the full summary

Assumpsit, in Monroe Superior Court. Tried before Judge Floyd, September Term, 1848. Daniel Ponder brought suit in the Superior Court of Monroe County, against John Pinckard, on a note for $1232 38. The defendant pleaded the general issue, usury, and a special plea, setting forth that Ponder had agreed to indulge Pinckard on the note sued on, until he could purchase a certain tract of land of one Moses Harris, which he agreed to take in payment of the note. At the September Term, 1848, when the cause was called for trial, Pinckard moved the Court to continue said cause, on the ground that a…

1Opinion of the Court

By the Courts

Warner, J.

delivering the opinion.

The first ground of error assigned upon the record in th& case is, that the Court refused to allow the defendant in the' Court below, á continuance of his cause, upon the showing made' therefor.

The discretion of the Court, in refusing the continuance, we think was properly exercised. It was admitted by the defendant,that the land which he had alleged in his plea had been purchased from Harris, and which the plaintiff had agreed to take, had been taken back by Harris, with his consent, as he acknowledged he had let Harris take back the land ;…

2Cases cited1 opinion

  1. Kellogg v. HickokNew York Supreme Court · 1828

3Cited by13 opinions

  1. Union Savings Bank & Trust Co. v. DottenheimSupreme Court of Georgia · 1899
  2. Hardy v. G. A. C. Finance Corp.Court of Appeals of Georgia · 1974
  3. Barbour v. TompkinsWest Virginia Supreme Court · 1888
  4. Haley v. CovingtonCourt of Appeals of Georgia · 1917
  5. Frazier v. City Investment Co.Court of Appeals of Georgia · 1930

8 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API