Hendrix v. Lummus & Webb
Supreme Court of Georgia
Complaint. Before Judge Morris. Milton superior court. December 14, 1912. Lummus & Webb, a firm composed of W. A. Lummus and Jim Webb, instituted an action against George E. Hendrix and J. J-' Webb for $125, alleged to be the balance due on a promissory note, a copy of which was attached to the petition. The note was executed under seal by both of the defendants in favor of the plaintiffs.
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Complaint. Before Judge Morris. Milton superior court. December 14, 1912. Lummus & Webb, a firm composed of W. A. Lummus and Jim Webb, instituted an action against George E. Hendrix and J. J-' Webb for $125, alleged to be the balance due on a promissory note, a copy of which was attached to the petition. The note was executed under seal by both of the defendants in favor of the plaintiffs. By its terms the makers stipulated that “we, or either of us, promise to pay” the payees therein named $475. It was therein recited, that each maker waived his right to a homestead; and that the note was…
1Opinion of the CourtAtkinson, J.
1. Several grounds of the motion for new trial complain of the charge wherein the judge instructed the jury to the effect that if they should find that defendant Webb delivered the mules to 'the plaintiffs to be credited on the note at an agreed value, both defendants would be liable for the balance due on the note, after allowing such credit; and another charge to the effect that if the mules were delivered by Webb, but that the value was not agreed upon, both defendants would be liable for the difference between the market value of the mules and the amount specified in the note. These…
2Cases cited1 opinion
- Perry v. GrangerNebraska Supreme Court · 1887