Gray v. Angier
Supreme Court of Georgia
Contracts. Tender. Before Judge MoOutciien. Bar-tow Superior Court. January Term, 1878. In 1861, Chisolm recovered judgment against Field and Tumlin; the fi. fa. was transferred to Solomon. It was levied on property of Tumlin; he filed an affidavit of illegality. By agreement the proceedings were withdrawn ; Tumlin took the fi. fa. so as to make the money out of Field, and gave his written obligation to pay the amount in ninety days.
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Contracts. Tender. Before Judge MoOutciien. Bar-tow Superior Court. January Term, 1878. In 1861, Chisolm recovered judgment against Field and Tumlin; the fi. fa. was transferred to Solomon. It was levied on property of Tumlin; he filed an affidavit of illegality. By agreement the proceedings were withdrawn ; Tumlin took the fi. fa. so as to make the money out of Field, and gave his written obligation to pay the amount in ninety days. Solomon transferred this obligation to French, trustee; Angier is a successor in the trust held by French. Tumlin is dead; Gray is his administrator. This suit…
1Opinion of the Court
Warner, Chief Justice.
The plaintiff brought suit against the defendant’s intestate on a certain instrument in writing therein described and set forth, and on the trial thereof the juiy found a verdict in favor of the plaintiff for the sum of $8230.50 principal, and the sum of $6583.44 interest. A motion was made for a new trial on the grounds therein stated, which was overruled, and the defendant excepted.
The only ground of error insisted, on here was, that the verdict for interest was too large, in view of the evidence in regard to the alleged tender of the money by the defendant to the…
2Cases cited1 opinion
- McGehee v. JonesSupreme Court of Georgia · 1851
3Cited by11 opinions
- Parker v. . BeasleySupreme Court of North Carolina · 1895
- Pape v. Woolford Realty Co.Court of Appeals of Georgia · 1926
- Fitzgerald v. VaughnSupreme Court of Georgia · 1940
- Carson v. BlairCourt of Appeals of Georgia · 1923
- Heath v. MillerSupreme Court of Georgia · 1949
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