Freeman v. McDaniel
Supreme Court of Georgia
Certiorari, in Carroll Superior Court. Tried before Judge Hammond, at April Term, 1857. Robert Freeman brought suit in a Justice Court, against John B. McDaniel, on a promissory note, due 1st March, 1853, for the sum of twenty-five dollars. The defence ,was failure of consideration.
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Certiorari, in Carroll Superior Court. Tried before Judge Hammond, at April Term, 1857. Robert Freeman brought suit in a Justice Court, against John B. McDaniel, on a promissory note, due 1st March, 1853, for the sum of twenty-five dollars. The defence ,was failure of consideration. The consideration of the note was the difference between a mule swapped by plaintiff to defendant for a horse, and at the time of the trade, plaintiff said, “that the mule is as sound as a dollar, and if you find him anything else, bring him to me and I’ll take him back.” Defendant proved by several witnesses,…
1Opinion of the Court
By the Court. —
Lumpkin, J.
delivering the opinion.
To entitle the plaintiff to recover, he must show both fraud and damage, admitting the fraud, he has failed to show that he has been injured, because he has failed to show what the mule cost him, in other words, what the horse ivas worth, that he traded for the mule, consequently we hold, that the Court was wrong in sustaining the certiorari. Indeed, there was a conflict of proof in the case, and it is not easy to determine upon which side the weight of evidence preponderated. The amount involved is twenty-five dollars, the complainant alleged…
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