McKnight v. Kellett
Supreme Court of Georgia
Debt, in Chattooga Superior Court. Tried before Judge Hooper, October Term, 1850. This was an action brought by Kellett against McKnight, on a bond for the sum of $3360, with interest.
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Debt, in Chattooga Superior Court. Tried before Judge Hooper, October Term, 1850. This was an action brought by Kellett against McKnight, on a bond for the sum of $3360, with interest. Defendant pleaded that the bond was given for a tract of land, sold to him by plaintiff, and that the consideration for which the same was given had partially failed, in this: that plaintiff had fraudulently represented the land to be a healthy residence, whereby he was induced to purchase it, and that it had proved exceedingly unhealthy ; that his family had suffered much by sickness since he resided on the…
1Opinion of the Court
*534 By the Court.
Warner J.
delivering the opinion.
That the Court erred in its charge to the Jury, we entertain no doubt; indeed, the counsel for the defendant in error concede that point in their argument, but insist, inasmuch as it appears on the face of the record, that the instrument sued on is under the hand and seal of the party, the defence cannot be allowed in a Court of Law. Whether failure of consideration can be pleaded to an instrument under seal in a Court of Law, in the absence of all fraud, we express no opinion; but we do hold, that the seal does not preclude an inquiry into the…
2Cited by1 opinion
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