Orr & Hunter v. Farmers' Alliance Warehouse & Commission Co.
Supreme Court of Georgia
Complaint. Before Judge Cobb. Clarke superior •court. April term, 1894. Suit was brought against Orr & Hunter for $1,606.30, upon a check dated November 19, 1892, on the National Bank of Athens, payable to the order of plaintiff, signed by defendant. They pleaded,' that they drew and der livered the check to plaintiff in part payment for cotton purchased of plaintiff.
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Complaint. Before Judge Cobb. Clarke superior •court. April term, 1894. Suit was brought against Orr & Hunter for $1,606.30, upon a check dated November 19, 1892, on the National Bank of Athens, payable to the order of plaintiff, signed by defendant. They pleaded,' that they drew and der livered the check to plaintiff in part payment for cotton purchased of plaintiff. On October 17, 1892, they bought of plaintiff fifty bales of middling cotton, for prompt delivery, averaging 450 pounds, at seven and a quarter cents-per pound. After having delivered thirty-two bales on said contract, plaintiff…
1Opinion of the CourtLumpkin, J.
1. The action being upon a check given by the defendants to the plaintiff as a partial payment, on account, for various lots of cotton sold by the latter to the former, and the defense in part being that the plaintiff had damaged the defendants by a failure to deliver according to its contract certain portions of these several lots of cotton, it was error to charge: “Certain checks have been introduced in evidence by defendants, showing payments on these cottons. It is the duty of defendants to show which special checks were paid on each lot of cotton. The defendants must go further and show…
2Cases cited1 opinion
- Sanderlin v. WillisSupreme Court of Georgia · 1894
3Cited by7 opinions
- Horne & Ponder v. O. B. & E. J. EvansCourt of Appeals of Georgia · 1923
- Bush v. AddisonCourt of Appeals of Georgia · 1930
- Mitchell v. OwenSupreme Court of Georgia · 1925
- Neal v. MedlinCourt of Appeals of Georgia · 1927
- Ellis v. MAJOR GAS & OIL COMPANY, INC.Court of Appeals of Georgia · 1980
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