Legal Opinion

Ross & Co. v. Weight

Supreme Court of Georgia

Decided January 15, 1853No. 82PublishedCited by 6 opinions

In Equity, in Stewart Superior Court. Decided by Judge Iverson. This cause came up from Stewart upon the ruling of the Court, in sustaining a demurrer to a bill, containing the following statements of facts : Ross & Co. held a note, given by Matthew Wright to Ross & Co. Said note was placed in the hands of one Crumley, for the purpose of presenting the same to the said Wright for payment; that there should have been a credit on Said note of fifty dollars, and that the…

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In Equity, in Stewart Superior Court. Decided by Judge Iverson. This cause came up from Stewart upon the ruling of the Court, in sustaining a demurrer to a bill, containing the following statements of facts : Ross & Co. held a note, given by Matthew Wright to Ross & Co. Said note was placed in the hands of one Crumley, for the purpose of presenting the same to the said Wright for payment; that there should have been a credit on Said note of fifty dollars, and that the remainder of said note is due and owing to the complainant. The bill further shows that Ihe said Crumley, while burning and…

1Opinion of the Court

By the Court.

Lumpkin, J.

delivering the opinion.

[1.] It seems that Matthew Wright made and delivered to Ross & Co. his promissory note, payable to bearer, for $290.42. A partial payment having been made on the paper, it was placed by the payees in the hands of the Rev. Mr. Crumley, to be presented to the maker for settlement. Mr. Crumley inadvertently, in burning some waste papers, destroyed the note; and Wright, refusing to discharge it upon the tender of indemnity, this bill is brought to compel him to satisfy the debt, upon being furnished with adequate security, to be prescribed by the…

2Cited by6 opinions

  1. Haug v. RileySupreme Court of Georgia · 1897
  2. Goodman v. HendersonSupreme Court of Georgia · 1877
  3. Trice v. AdamsCourt of Appeals of Georgia · 1924
  4. Continental Fertilizer Co. v. PassCourt of Appeals of Georgia · 1910
  5. Bainbridge Farm Co. v. BowerSupreme Court of Georgia · 1942

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