Hart v. Conner, & Taylor

Decided January 15, 1857

Supreme Court of Georgia · decided 1857-01-15

Assumpsit, in Marion Superior Court Tried before Judge Worrill, at September Term, 1856. This was an action brought by Conner & Taylor, plaintiffs below, against Vincent T. Hart, defendant below, upon the following instrument: “ Received from Conner & Taylor, of Macon, five hundred dollars as an advance on sundry bales of cotton, to be delivered in their warehouse within thirty days. Macon, 11th January, 1S51.

Decided 1857-01-15

¶1By the Court.

Lumpkin, J.

¶2delivering the opinion.

¶3We see no error in the judgment of the Circuit Court. The contract in this case was sufficiently certain. It really is nothing more nor-less than a due bill for money loaned. It was an advance, to say the most of it, by Conner & Taylor for five hundred dollars to Hart upon the faith of cotton to *386be forwarded to them in thirty days by the defendant. If not immediately due, it certainly was at the end of the thirty days. It is for Hart to plead and prove payment in cotton or otherwise.

¶4Judgment affirmed.