Morton v. Morris
Supreme Court of Georgia
Complaint, in Whitfield Superior Court. Tried before Judge WarokSr, at the April Term, i860. This case came up, and was adjudicated upon the following state of facts, to wit: William R. Morton instituted an action in the Superior Court of Whitfield county, against James Morris, to recover the sum due on a promissory note made by the defendant, payable to the order of the plaintiff, dated Charleston, 29th of April, 1856, due at six months, for one hundred and forty-eight…
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Complaint, in Whitfield Superior Court. Tried before Judge WarokSr, at the April Term, i860. This case came up, and was adjudicated upon the following state of facts, to wit: William R. Morton instituted an action in the Superior Court of Whitfield county, against James Morris, to recover the sum due on a promissory note made by the defendant, payable to the order of the plaintiff, dated Charleston, 29th of April, 1856, due at six months, for one hundred and forty-eight dollars and eighty-three cents. To this action the defendant pleaded, that he had paid, the note sued on, by remitting the…
1Opinion of the Court
By the Court. —
Lumpkin, J.,
delivering the opinion.
Under all the circumstances, we think it best to' remand this case for a re-hearing. We are not satisfied that the rule of law regulating this transaction was correctly laid down by the Court. Instead, a majority of the Court are inclined to hold that it was not; and we feel quite sure that, upon another trial, the evidence could be made more satisfactory.
Mr. Morris’ note was payable at Charleston. Mr. Morton *381requested him, by letter, to remit the amount, adding, in a postscript, “Please send us a draft if possible.” The amount of the note was…
2Cited by2 opinions
- McIntire v. RaskinSupreme Court of Georgia · 1931
- State ex rel. Gurney Lumber Co. v. RisjordWisconsin Supreme Court · 1915