Buttrill Guano Co. v. Curry

Supreme Court of Georgia

Buttrill Guano Co. v. Curry

92 S.E. 521, 147 Ga. 11, 1917 Ga. LEXIS 14

CourtSupreme Court of Georgia

DecidedMay 16, 1917

StatusPublished

Cited by1 cases

This text of 92 S.E. 521 (Buttrill Guano Co. v. Curry) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Buttrill Guano Co. v. Curry, 92 S.E. 521, 147 Ga. 11, 1917 Ga. LEXIS 14 (Ga. 1917).

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Opinion

Gilbert, J.

As an abstract principle of law it is error, on the trial of an issue where fraud is charged by a creditor as to a transaction between husband and wife, for the trial judge to omit to instruct the jury that the onus is on the husband and wife to show that the transaction was fair. In this case the failure to so charge is harmless, because the verdict rendered by the jury was demanded by the evidence. None of the assignments of error require the grant of a new trial.

Judgment affirmed.

■ All the. Justices concur.

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Gilbert, J.

As an abstract principle of law it is error, on the trial of an issue where fraud is charged by a creditor as to a transaction between husband and wife, for the trial judge to omit to instruct the jury that the onus is on the husband and wife to show that the transaction was fair. In this case the failure to so charge is harmless, because the verdict rendered by the jury was demanded by the evidence. None of the assignments of error require the grant of a new trial.

Judgment affirmed.

■ All the. Justices concur.

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Bluebook (online)

92 S.E. 521, 147 Ga. 11, 1917 Ga. LEXIS 14, Counsel Stack Legal Research, https://law.counselstack.com/opinion/buttrill-guano-co-v-curry-ga-1917.

Opinion

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