Legal Opinion

Newsom v. Jackson

Supreme Court of Georgia

Decided June 15, 1858PublishedCited by 5 opinions

Deceit, from Baker county. Tried before Judge Allen, May Term, 1858. John Jackson brought his action of deceit against William Newsom, executor of Cassar A. Savage, alleging that he was damaged by the representations of Savage, to wit — that one Pembroke P. Bond was solvent and responsible, and that thereupon he had credited the said Bond for merchandize, &c., for which said Bond never paid him, and is insolvent and unable to pay; that said Savage represented that said Bond…

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Deceit, from Baker county. Tried before Judge Allen, May Term, 1858. John Jackson brought his action of deceit against William Newsom, executor of Cassar A. Savage, alleging that he was damaged by the representations of Savage, to wit — that one Pembroke P. Bond was solvent and responsible, and that thereupon he had credited the said Bond for merchandize, &c., for which said Bond never paid him, and is insolvent and unable to pay; that said Savage represented that said Bond owned several negroes and other property, and that said Savage perpetrated a fraud upon plaintiff, and was interested in…

1Opinion of the Court

By the Court.

Lumpkin, J.

delivering the opinion.

[1.] The judgment of reversal in this case is put upon the ground that the witnesses, P. P. Bond and J. Bond, were permitted to testify against the objections of defendant’s counsel. That the negroes in the possession of P, P. Bond were the separate estate of his wife, and not liable to the husband’s debts, whereas the contract of settlement was certainly the highest and perhaps the only proof which was admissible as to the title of this property. In the narrative which is given in the bill of exceptions of the facts which transpired on the trial…

2Cited by5 opinions

  1. Reeves v. Williams & Co.Supreme Court of Georgia · 1925
  2. Cohron v. Woodland Hills Co.Supreme Court of Georgia · 1927
  3. First Bancredit Corp. v. J. G. McKenzie Lumber Co.Court of Appeals of Georgia · 1941
  4. Price v. WolferOregon Supreme Court · 1898
  5. Hart v. WaldoSupreme Court of Georgia · 1903

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