Sutton v. Dye
| Decision Date | 31 January 1878 |
| Citation | 60 Ga. 449 |
| Parties | Sutton. v. Dye. |
| Court | Georgia Supreme Court |
Statute of limitations. Fraud. Before Judge Gibson. Richmond Superior Court. October Term, 1877.
Report unnecessary.
Hook & Webb, for plaintiff in error.
Frank H. Miller, for defendant.
That the fraud complained of could and ought to have been discovered, long before suit was brought, is plainly apparent. Diligence to detect fraud is as much incumbent upon a party who labors under no disability, as to do any other act in which his interest is involved. He must look about him, and see what villainies environ him. If he has been caught in a net, he must feel for the meshes. A principal ought to run down his accounts with his factor once in four years. Books, papers, everything, ought to be examined, and a final settlement had. He should be wakeful and watchful. Unless he is duly vigilant, thelaw will not aid him. 56 Ga., 161.
*Cited for plaintiff in error: Code, § 2931; 8 Ga., 68, 70, 511; 25 Ib., 84; 35 Ib., 40; 41 Ib., 171.
Cited for defendant in error: 4 Ga., 308; 53 Ib., 371; 8 Ib., 511; 25 Ib., 84; 35 Ib., 43; 28 Ib., 38; 24 Ib., 581; 18 Ib., 520; 56 Ib, 161; 19 Ib., 448; 20 Ib, 242; 7 Ib, 573; 59 Ib, 113; 50 Ib, 577; 35 Ib, 280; Code, § 2918; 26 Ga, 443; 22 Ib, 129; 45 Ib, 456; Code, § 2934; 34 Ga, 245; 16 Ib, 114; 37 Ib, 319; 53 Ib, 364; 55 Ib., 627.
Judgment affirmed.
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Maxey-Bosshardt Lumber Co., Inc. v. Maxwell
...involved. He must look about him, and see what villianies environ him. If he has been caught in a net he must feel for the meshes.' Sutton v. Dye, 60 Ga. 449. In the case under consideration there was no confidential relationship between the seller of merchandise and the defendant officer o......
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Tucker v. National Linen Service Corp.
...S.E. 603; Anderson v. Gailey, D.C., 33 F.2d 589-592; Code of Georgia, Sec. 3-807; Middleton v. Pruden, 57 Ga.App. 555, 196 So. 259; Sutton v. Dye, 60 Ga. 449. ...
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Crawford v. McDonald, 46713
...must have been discovered if usual and reasonable diligence had been exercised, is not a good reply to the statute of limitations.' Sutton v. Dye, 60 Ga. 449. As the great Justice Logan Bleckley in his inimitable style with typical metaphorical allusions said in that decision: 'Diligence to......
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United States Fidelity & Guaranty Co. v. Toombs County
...8 S.E. 190, 191, cited approvingly in Kirkley v. Sharp, 98 Ga. 484, 487, 25 S.E. 562. See, also, Freeman v. Craver, 56 Ga. 161; Sutton v. Dye, 60 Ga. 449; Maxwell Walsh, 117 Ga. 467, 471, 43 S.E. 704. 8. The evidence properly submitted to the jury supports so much of their finding, in amoun......