84 Ga. 606 | Ga. | 1890
Pearce sued Allen on a promissory note, which note was given by Allen for fifteen tons of guano. Allen pleaded that the note was given for commercial fertilizer, the fertilizer being put up in sacks which, when sold and delivered to him, were not branded with the inspector’s brand, nor did they have tags or other device of the inspector showing the analysis of the guano; and that the consideration of the contract sued on was void, because the sacks containing the fertilizer did not have on them the marks or brands of an inspector of fertilizers. The jury found for the plaintiff, and defendant moved for a new trial, which was refused by the court, and he excepted.
One of the errors complained of is the charge of the court as set out in the fourth ground of the motion, which is as follows: “ Ascertain from the evidence if all th,e sacks were tagged and branded with the analysis of the guano, and if they were not so tagged and branded, ascertain how many were tagged and branded, if any; and if you find that they were all tagged and branded, you will be authorized to find for the plaintiff; but if you should find that some were tagged and branded, and some were not, then you would be author