National Fowler Bank v. Burch

Court of Appeals of Georgia

National Fowler Bank v. Burch

64 S.E. 282, 6 Ga. App. 79, 1909 Ga. App. LEXIS 187

CourtCourt of Appeals of Georgia

DecidedApril 15, 1909

Docket1577

StatusPublished

Cited by2 cases

This text of 64 S.E. 282 (National Fowler Bank v. Burch) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

National Fowler Bank v. Burch, 64 S.E. 282, 6 Ga. App. 79, 1909 Ga. App. LEXIS 187 (Ga. Ct. App. 1909).

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Opinion

Powell, J.

The plaintiff sued upon a promissory note. The defendants pleaded partial failure of consideration. Under the plea and the testimony, the verdict against the defendants should in no event have been for less than $433. It was for only about one third of that sum. Irrespective of other exceptions, the verdict must be set aside, upon the complaint of the plaintiff, on the ground that it is contrary to law and evidence. Judgment reversed.

Complaint, from city court of Abbeville — Judge Nicholson. October 31, 1908.

Submitted February 10, — Decided April 15, 1909. Williams & Baldwin, for plaintiff. John F. DeLacy, for defendants.

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Powell, J.

The plaintiff sued upon a promissory note. The defendants pleaded partial failure of consideration. Under the plea and the testimony, the verdict against the defendants should in no event have been for less than $433. It was for only about one third of that sum. Irrespective of other exceptions, the verdict must be set aside, upon the complaint of the plaintiff, on the ground that it is contrary to law and evidence. Judgment reversed.

Complaint, from city court of Abbeville — Judge Nicholson. October 31, 1908.

Submitted February 10, — Decided April 15, 1909. Williams & Baldwin, for plaintiff. John F. DeLacy, for defendants.

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Bluebook (online)

64 S.E. 282, 6 Ga. App. 79, 1909 Ga. App. LEXIS 187, Counsel Stack Legal Research, https://law.counselstack.com/opinion/national-fowler-bank-v-burch-gactapp-1909.

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