Patrick v. McWilliams
Supreme Court of Georgia
Covenant and rule nisi for new trial. Tried before Judge Hammond, in Campbell Superior Court, at March Term, 1857. This was an action of covenant brought by Jonathan Wl Patrick against William McWilliams, on a bond conditioned to make titles to a certain lot of land in said bond described. Breaches were assigned, and damages alleged, &c.
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Covenant and rule nisi for new trial. Tried before Judge Hammond, in Campbell Superior Court, at March Term, 1857. This was an action of covenant brought by Jonathan Wl Patrick against William McWilliams, on a bond conditioned to make titles to a certain lot of land in said bond described. Breaches were assigned, and damages alleged, &c. The declaration was subsequently amended by adding after the word petitioner, in the sixth line, the words “who sues for the use of John M. Red wine,” and a further amendment, “that heretofore, to-wit: on the 27th July, 1849, said Jonathan W. Patrick, for…
1Opinion of the Court
By the Court. —
Benning, J.
delivering the opinion.
The admissions of the obligee in a bond, whether containing words of negotiability or not, if made after he has assigned the bond, and after notice of the assignment has reached the obligor, are not admissible in evidence for the obligor, against the assignee.
This is a proposition that was not disputed by Mr. Calhoun, the counsel for the defendant in error, and we think that he ivas right in not disputing it.
It is one, however, that was denied by the Court below. That Court held, that, “in an action brought upon a bond containing no negotiable…
2Cited by1 opinion
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