Cherry & Walker v. Sutton

Decided June 15, 1860

Supreme Court of Georgia · decided 1860-06-15

Complaint, in Bibb Superior Court. Tried before Judge Worrill, at November Term, 1859. This was an action brought by John A. Sutton, against plaintiffs in error, to recover the amount claimed to be due on a promissory note for the principal sum of $1,000 00.

Cited by 1 later decisions — most recently February 1888

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1860-06-15

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¶1By the Court.

Lumpkin, J.,

¶2delivering the opinion.

¶3Were the defendants entitled to the first charge requested by their counsel?

¶4The contract in this case, was an entirety; and if the plaintiff failed to deliver the third lot of cattle as he agreed to do, and the defendants were damaged thereby, they are entitled to have the amount due the plaintiff, to be reduced to the extent of the injury they received; and they will not be driven to a cross-action — especially against a non-resident party.

¶5This principle has been several times decided by this Court, and this case is fully covered by Mell vs. Mooney, recently adjudicated at Savannah.