Swift, Hamberger & Co. v. Powell
Supreme Court of Georgia
Contracts. Wagers. Stipulated Damages. Before Judge Cole. Bibb Superior Court. October Term, 1870. This case was bottomed upon the following writing : “ Macon, Georgia, December 3d, 1868. “ For value received, we hereby pledge, bind and obligate ourselves, our heirs, executors, administrators and assigns, to receive of A. H. Powell one hundred bales of upland cotton, to average Liverpool middling, at twenty-one (21) cents per pound, at any time within sixty days from the…
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Contracts. Wagers. Stipulated Damages. Before Judge Cole. Bibb Superior Court. October Term, 1870. This case was bottomed upon the following writing : “ Macon, Georgia, December 3d, 1868. “ For value received, we hereby pledge, bind and obligate ourselves, our heirs, executors, administrators and assigns, to receive of A. H. Powell one hundred bales of upland cotton, to average Liverpool middling, at twenty-one (21) cents per pound, at any time within sixty days from the above date, at the option of said Powell. Cotton to be delivered in the city and paid for in currency on delivery of…
1Opinion of the Court
Lochrane, Chief Justice.
This case came before the Court upon exception to the judgment of the Court granting a new trial. We affirm the judgment of the Court below, as we are of opinion that his conception of the law of the case, as submitted in his charge to the jury, was erroneous as to the principles of law governing the case, and it was his duty to have granted the new trial. The written instrument entered into between the parties reciting a consideration for the agreements entered into, lifted the case, in the opinion of the Court, out of the operation of the Code, section 2596, and gave…
2Cited by4 opinions
- Forsyth Manufacturing Co. v. CastlenSupreme Court of Georgia · 1900
- Mayor of the City of Brunswick v. Ætna Indemnity Co.Court of Appeals of Georgia · 1908
- Sanders & Ables v. CarterSupreme Court of Georgia · 1893
- Mitchell v. McKinnonMichigan Supreme Court · 1887