Planters Fertilizer Co. v. Wheeler
Supreme Court of Georgia
Complaint. Before Judge Hawkins. Johnson superior court. March 13, 1913. The Planters Fertilizer Company brought an action on a promissory note against J. S. Wheeler.
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Complaint. Before Judge Hawkins. Johnson superior court. March 13, 1913. The Planters Fertilizer Company brought an action on a promissory note against J. S. Wheeler. The defendant pleaded that the note was given for the purchase-price of certain fertilizer, and was void for the reason that the plaintiff did not comply with the law regulating the sale of fertilizers, in that the sacks in which the fertilizer was contained, while duly branded, were not tagged as required by law. The plaintiff obtained a verdict for a sum less than that which appeared to be due on the face of the note. The…
1Opinion of the CourtAtkinson, J.
The only point made in the motion for new trial is that the verdict.is without evidence to support it. In his plea the defendant admitted the execution of the note and that the plaintiff was the holder thereof, and assumed the burden of proof. He offered testimony tending to show that the consideration of the note was fertilizer, and that one of the cars of fertilizer, which was shipped from Tennille, Georgia, to him at Kite, Georgia, March 10, 1911, on being opened was discovered to have no tags attached to the sacks. The uncontradicted evidence was that the fertilizer had been duly…
2Cases cited6 opinions
- Toole v. Wiregrass Development Co.Supreme Court of Georgia · 1914
- Arlington Oil & Guano Co. v. SwannCourt of Appeals of Georgia · 1913
- Holt v. Navassa Guano Co.Supreme Court of Georgia · 1902
- Hillis v. Comer & Co.Court of Appeals of Georgia · 1913
- Zipperer v. DoyleSupreme Court of Georgia · 1906
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3Cited by2 opinions
- Southern Flour & Grain Co. v. Pillsbury Flour Mills Co.Court of Appeals of Georgia · 1923
- San Miguel Produce, Inc. v. L.G. Herndon Jr. Farms, IncSupreme Court of Georgia · 2020