Fannin v. Thomason
Supreme Court of Georgia
Relief Act of 1868. Tender. Evidence. Before Judge Bartlett. Morgan Superior Court. September Adjourned Term, 1873. This is the second time this case has been before the Supreme Court. See 45th Georgia Reports, 533. Isham S. Fannin, as administrator of Mary Johnson, brought complaint against Parmenius R. Thomason on a note for $3,319 81, dated February 13th, 1861, and due twelve months after date. In March, 1867, the defendant confessed judgment for the amount sued for.
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Relief Act of 1868. Tender. Evidence. Before Judge Bartlett. Morgan Superior Court. September Adjourned Term, 1873. This is the second time this case has been before the Supreme Court. See 45th Georgia Reports, 533. Isham S. Fannin, as administrator of Mary Johnson, brought complaint against Parmenius R. Thomason on a note for $3,319 81, dated February 13th, 1861, and due twelve months after date. In March, 1867, the defendant confessed judgment for the amount sued for. In November, 1869, he moved to open said judgment upon the following grounds : 1st. That in May, 1861, he offered to pay…
1Opinion of the Court
Trippe, Judge.
1. The first ground in the motion was, that defendant, in May, 1861, tendered bank bills in payment of the debt, which were refused. This ground was stricken by the Court. If it was proper to reject this as a legal ground of defense, then the testimony setting up the facts therein recited would have fallen with it. After this point in the motion was ruled out, there was no foundation laid by the pleadings for the evidence on that branch of the case. Furthermore, the proof of tender of bank bills in May, 1861, nine months before the debt was due, and the refusal to accept them by…
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