Gaulden v. Shehee
Supreme Court of Georgia
Assumpsit, from Decatur. Tried before Judge Allen, (BtoJtober Term, 1857. TiTiis was an action of assumpsit, by Henry D. Shehee against John P. Gaulden, on a promissory note, made by Gaulden for $2,500. To this action, defendant plead: 1st. The general issue. 2d.
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Assumpsit, from Decatur. Tried before Judge Allen, (BtoJtober Term, 1857. TiTiis was an action of assumpsit, by Henry D. Shehee against John P. Gaulden, on a promissory note, made by Gaulden for $2,500. To this action, defendant plead: 1st. The general issue. 2d. Partial failure of consideration, in this, that said note was given as a part of the purchase money, of several lots of land in Decatur county, bought by defendant from plaintiff, consisting of about thirteen hundred and sixty-seven acres. The entire purchase money being $7,500. That at and before the purchase, plaintiff represented…
1Opinion of the CourtLumpkin, J.
By the Court. delivering the opinion.
[1.] Was the Court right in refusing to compel the plaintiff to consolidate the two actions. ? We think so, clearly. The notes fell due at different times, and were sued each, at maturity. (Tidd’sBr.613.) Besides, in this case, one of the cases had been continued for the Term, before the motion to consolidate was made.
[2.] Did the Court err in refusing to allow the testimony of Gray, taken by commission, to be read ? There were two cases pending in the Court upon two separate notes, but both notes were part of the same contract. Two sets of interrogatories…
2Cited by5 opinions
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- Gibbs v. MeserveAppellate Court of Illinois · 1883