Hammond v. Drew
Supreme Court of Georgia
Witness. Evidence. Before Judge Tompkins. Emanuel Superior Court. April Term, 1878. A. W. Hammond & Son brought complaint on a note of Drew for attorneys’ fees. He pleaded the general issue and failure of consideration, in that the attorneys had not prosecuted his case to a successful termination, but had abandoned it. A. W. Hammond died, and the suit proceeded in favor of the survivor.
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Witness. Evidence. Before Judge Tompkins. Emanuel Superior Court. April Term, 1878. A. W. Hammond & Son brought complaint on a note of Drew for attorneys’ fees. He pleaded the general issue and failure of consideration, in that the attorneys had not prosecuted his case to a successful termination, but had abandoned it. A. W. Hammond died, and the suit proceeded in favor of the survivor. On the trial, plaintiff introduced the note and the following contract: “ GEORGIA, ) Campbell County. ) I, tlie undersigned, have this day employed A. W. Hammond & Son, in conjunction with James T. Spence, to…
1Opinion of the Court
Jackson, Justice.
This was a suit brought on a promissory note for $125.00. The jury found for the defendant, and the plaintiff, N. J. *191Hammond, surviving partner of A. W. Hammond & Son, made a motion for a new trial, which, was overruled, and he excepted.
Only two of the grounds set out in the motion are certified, and only one was insisted upon in argument here. Our consideration of the case will be confined to the one.
A. W. Hammond, being dead, and he having negotiated the trade with Drew, is the latter a competent witness ?
The suit was for services rendered in a claim to a-lot of land by…
2Cases cited2 opinions
- Finney v. CadwalladerSupreme Court of Georgia · 1875
- North Georgia Mining Co. v. LatimerSupreme Court of Georgia · 1874