Legal Opinion

Bennett v. Terrill

Supreme Court of Georgia

Decided June 15, 1856No. 16PublishedCited by 3 opinions

Case, in Stewart Superior Court. Decided by Judge Kiddo o, April Term, 1856. This was an action instituted by William B. Bennett against Samuel L. Terrill, alleging that said Ten-ill had, by false and fraudulent representations of the solvency of one James ■0. Wilkerson, induced said Bennett to hire two negroes to said Wilkerson for the year 1852, and to take the note of said Wilkerson, payable on the 25th of December of that year for the hire — the said Bennett being…

Read the full summary

Case, in Stewart Superior Court. Decided by Judge Kiddo o, April Term, 1856. This was an action instituted by William B. Bennett against Samuel L. Terrill, alleging that said Ten-ill had, by false and fraudulent representations of the solvency of one James ■0. Wilkerson, induced said Bennett to hire two negroes to said Wilkerson for the year 1852, and to take the note of said Wilkerson, payable on the 25th of December of that year for the hire — the said Bennett being unacquainted with ■said Wilkerson and relying on the representations of said Terrill. At the April Term, 1856, of Stewart'…

1Opinion of the Court

By the Court.

McDonald, J.

delivering the opinion.;£1.] The declaration states that the defendant well knew *86that the said James 0. Wilkerson was, at the time he spoke ■to the plaintiff of him, in bad and insolvent circumstances, •and not fit to be trusted. We find no fault with the charge of the Court. It was for the Jury to deliberate on the facts and determine from them whether the defendant had asserted that Wilkerson was good and solvent, assuming to know •his circumstances: whether he was insolvent at the time, whether the defendant was benefited by the assertion, and the plaintiff relying…

2Cited by3 opinions

  1. Foster v. SikesSupreme Court of Georgia · 1947
  2. Reynolds v. Flint River Technical InstituteCourt of Appeals of Georgia · 1996
  3. Wootten & Goolsby v. CallahanSupreme Court of Georgia · 1858

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API