Cherry v. Walker
Supreme Court of Georgia
Assumpsit. Confederate Contract. Tried before Judge Worrill. Taylor Superior Court. April Term, 1867. Howell Cherry sued James E. Walker on a promissory note, in the usual form, for $4,280, dated May 4th, 1863, and due 4th May, 1864. In April, 1866, a verdict for the full amount was given, and defendant appealed. At the appeal trial, plaintiff introduced the note and closed.
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Assumpsit. Confederate Contract. Tried before Judge Worrill. Taylor Superior Court. April Term, 1867. Howell Cherry sued James E. Walker on a promissory note, in the usual form, for $4,280, dated May 4th, 1863, and due 4th May, 1864. In April, 1866, a verdict for the full amount was given, and defendant appealed. At the appeal trial, plaintiff introduced the note and closed. The defendant introduced an admission that the consideration of the note was Confederate States treasury notes, loaned to defendant by plaintiff; that at its date, one dollar in gold was worth five dollars of said…
1Opinion of the CourtWalker, J.
In Evans vs. Walker, decided at December Term, 1866, the Court below instructed the jury, that the value of Confederate notes at the time the debt became due, was the measure of the plaintiff’s rights. There as here, the consideration of the note sued on, was Confederate notes borrowed, and payable' at a period in the future, with legal interest. There as here, the notes had greatly depreciated from the time the note was given, until it fell due. We thought the Judge erred, and reversed his ruling. In this case, the charge given by request of the defendant’s counsel, is substantially the same…
2Cited by1 opinion
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