Persons v. Hight
Supreme Court of Georgia
Assumpsit, &c. in Warren Superior Court, tried before Judge Sayre, April Term, 1848. The ‘following Bill of Exceptions, upon which error was assigned, will disclose the facts of this case : TnoiiÁs F. Persons, Adm’r. 1 vs. > Assumpsit in Warren Sup. Court. Henry Hight. ) Be it remembered, that this cause came on for trial at the present April term, for the year Eighteen Hundred and Forty-Eight, and issue was joined upon the pleas of the general issue and usury.
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Assumpsit, &c. in Warren Superior Court, tried before Judge Sayre, April Term, 1848. The ‘following Bill of Exceptions, upon which error was assigned, will disclose the facts of this case : TnoiiÁs F. Persons, Adm’r. 1 vs. > Assumpsit in Warren Sup. Court. Henry Hight. ) Be it remembered, that this cause came on for trial at the present April term, for the year Eighteen Hundred and Forty-Eight, and issue was joined upon the pleas of the general issue and usury. Plaintiff, in support of his action, read in evidence a promissory note, in the word and figures following: $2660, S3. One day after…
1Opinion of the Court
By the
J.-
delivering the opinion.
Thomas F. Persons as Administrator of John Persons, deceased, brought an action of Assumpsit in the Superior Court of Warren county, against Henry Hight, on a joint and several promissory note, given on the 6th of September, 1843, by the defendant and one Fielding Hill, then in life, since deceased, fof $2,660 83 payable one day after date, with a credit of fill 64, indorsed 16 th January, 1845, and a further paymect of $100, entered- the 9th' February thereafter.
*481To this suit, the defendant pleaded usury, setting forth, in his answer, fully and minutely, the…
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