Cohen v. Ward
Supreme Court of Georgia
Barter and Sale. Scaling Ordinance. Tried before Judge Sohley. Chatham Superior Court. May Term, 1870. Ward averred that Cohen was indebted to him $10,000 00, in that, on the 17th of April, 1863, in consideration that Ward would buy from him fifty shares of the capital stock of the Central Railroad & Banking Company for $200 00 per share, Cohen promised that said shares were his, with full power and right to convey it, and Ward thereupon then paid him $10,000 00 and took…
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Barter and Sale. Scaling Ordinance. Tried before Judge Sohley. Chatham Superior Court. May Term, 1870. Ward averred that Cohen was indebted to him $10,000 00, in that, on the 17th of April, 1863, in consideration that Ward would buy from him fifty shares of the capital stock of the Central Railroad & Banking Company for $200 00 per share, Cohen promised that said shares were his, with full power and right to convey it, and Ward thereupon then paid him $10,000 00 and took said stock; but Cohen had no title to said stock, nor right or power to convey it, but it belonged to others, who since…
1Opinion of the CourtWarner, J.
Under the pleadings and evidence in this case, as disclosed by the record, the plaintiff was entitled to recover from the defendant for a breach of the implied warranty of title to the fifty shares of railroad stock sold and transferred by the defendant to the plaintiff under the contrae!, to which he *352liad no title, and it made no difference, under the law of this State, whether it was a sale of stock for bonds, or a barter or exchange of stock for bonds: Code, 2614.
The Court below erred in its charge to the jury, in restricting them as to the measure of damages which the plaintiff was…
2Cited by2 opinions
- Wooten v. . SherrardSupreme Court of North Carolina · 1873
- Commissioners v. ConyersSupreme Court of Georgia · 1889