Legal Opinion

McNabb v. Lockhart & Thomas

Supreme Court of Georgia

Decided July 15, 1855No. 67PublishedCited by 26 opinions

Assumpsit, &c. in Dougherty Superior Court. Tried before Judge Perkins, May Term, 1855. This was an action brought by Lockhart & Thomas against Noah McNabb, for a sum of money entrusted to his care, and which he never delivered, but alleged had been lost.

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Assumpsit, &c. in Dougherty Superior Court. Tried before Judge Perkins, May Term, 1855. This was an action brought by Lockhart & Thomas against Noah McNabb, for a sum of money entrusted to his care, and which he never delivered, but alleged had been lost. The-following evidence was submitted and exceptions taken-Error has been assigned on all of these exceptions: The depositions of Nelson P. Foster : In the latter part of December, in the year 1850, or in the early part of the-following January, 1851, I received from Mr. John Jackson, then a merchant in Albany, in said county of Baker,…

1Opinion of the Court

By the Court.

Lumpkin, J.

delivering the opinion.

[1.] [2.] [3.] We deem' it unnecessary to notice, separately, the various assignments of error upon the charge of the Court. The Court instructed the Jury, in substance, that the undertaking by a person to receive money and deliver it to another, without reward, is a mandate ; and in contracts of this kind, the mandatory is liable for gross negligence only; and the burthen of proof is thrown upon the plaintiff, at least, to make out a prima facie case. That negligence was ordinary, less than ordinary or more than ordinary; and *507that he who omits…

2Cases cited1 opinion

  1. Lampley v. ScottCourt of Appeals of Mississippi · 1852

3Cited by26 opinions

  1. Altman v. AronsonMassachusetts Supreme Judicial Court · 1919
  2. Travelers Insurance v. SheppardSupreme Court of Georgia · 1890
  3. Anderson v. Southern Railway Co.Supreme Court of Georgia · 1899
  4. German American Mutual Life Ass'n v. FarleySupreme Court of Georgia · 1897
  5. Reynolds v. ReynoldsSupreme Court of Georgia · 1961

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