Cartright v. Clopton
Supreme Court of Georgia
Assumpsit, from Merriwether county. Tried before Judge Bull, August Term, 1857. This was an action of assumpsit by John Cartright against John P. Clopton, on the following promissory note, to-wit: "Eight months after date we or either of us promise John Cartright or bearer, the sum of one thousand dollars, with interest from date, value received. April 2d, 1855. [Signed] L. C. CLOPTON, J. P. CLOPTON, Sec’ty.” The suit was against the security only.
Read the full summary
Assumpsit, from Merriwether county. Tried before Judge Bull, August Term, 1857. This was an action of assumpsit by John Cartright against John P. Clopton, on the following promissory note, to-wit: "Eight months after date we or either of us promise John Cartright or bearer, the sum of one thousand dollars, with interest from date, value received. April 2d, 1855. [Signed] L. C. CLOPTON, J. P. CLOPTON, Sec’ty.” The suit was against the security only. The defendant pleaded, first, The general issue. Second, A special plea, that the note sued on, was given as collateral security for a draft…
1Opinion of the Court
By the Court.
Benning, J.
delivering the opinion.
Was the Court right in refusing the motion for a new trial ?
The first and second grounds of the motion, are founded upon the assumption, that the parol evidence objected to, proved a contract contemporaneous with the giving of the note sued on. But that evidence, as we think, proved a contract subsequent to the giving of the note. We think, therefore, that there is nothing in these two grounds.
As to the third ground I think, that the draft was admissible. The fact that it was in the possession of the plaintiff, would tend to show, that its…
2Cited by7 opinions
- Augusta Southern Railroad v. Smith & Kilby Co.Supreme Court of Georgia · 1899
- St. Louis & South-Eastern Railway Co. v. MyrtleIndiana Supreme Court · 1875
- Dixon v. StateCourt of Appeals of Georgia · 1990
- Porter v. StateCourt of Appeals of Georgia · 1909
- Hunnicutt v. Georgia Railway & Power Co.Court of Appeals of Georgia · 1921
2 more not listed; retrieve them via the Exa API.