Jones v. Cordele Guano Co.
Supreme Court of Georgia
Complaint on note. Before Judge Fish. Lee superior court. March term, 1898. The guano company sued Jones and Gill upon a promissory note for $1,000, dated March 9, 1891, due October 15,1891, given for four hundred sacks of “ Pride of Dooly” guano. The note stated that the guaranteed analysis was on each sack as required by law, and that the guano was purchased on the judgment of the makers, waiving all guarantee as to its effects on crops.
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Complaint on note. Before Judge Fish. Lee superior court. March term, 1898. The guano company sued Jones and Gill upon a promissory note for $1,000, dated March 9, 1891, due October 15,1891, given for four hundred sacks of “ Pride of Dooly” guano. The note stated that the guaranteed analysis was on each sack as required by law, and that the guano was purchased on the judgment of the makers, waiving all guarantee as to its effects on crops. Defendants pleaded the general issue; failure of eonsidera'tion, in that the guano was worthless and not reasonably suited for the use for which it was…
1Opinion of the Court
Lumpkin, Justice.
1. The act of December 27, 1890 (Acts of 1890-91, vol. 1, p. 142), providing that it shall be lawful for any purchaser of fertilizers to require the person selling to furnish a sample of the same for deposit with the ordinary, and also providing for the preservation and transmission of such sample by the latter to the State chemist, the analysis of the same by this officer and the sending by him of a copy of the result back to the ordinary, is cumulative only and not exclusive. This act contains nothing to prevent a purchaser of fertilizers from taking, on his own account, a…
2Cases cited3 opinions
- Allen v. YoungSupreme Court of Georgia · 1879
- Scott & Co. v. McDonaldSupreme Court of Georgia · 1889
- Hamlin v. Rogers, Worsham & Co.Supreme Court of Georgia · 1887
3Cited by17 opinions
- Hampton Guano Co. v. Hill Live-Stock Co.Supreme Court of North Carolina · 1915
- Interstate Life & Accident Insurance v. WhitlockCourt of Appeals of Georgia · 1965
- Swift Co. v. . AydlettSupreme Court of North Carolina · 1926
- Swift & Co. v. AydlettSupreme Court of North Carolina · 1926
- Pittman v. StateCourt of Appeals of Georgia · 1964
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