Supreme Court of Georgia, 1878

Sutton v. Dye

Sutton v. Dye
Supreme Court of Georgia · Decided January 15, 1878 · Bleckley
60 Ga. 449

Sutton v. Dye

Opinion of the Court

Bleckley, Judge.

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. Boobs, papers, everything, ought to be examined, and a final settlement had. He should be wakeful and watchful. Unless he is duly vigilant, the law will not aid him. 56 Ga., 161.

*450Cited 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; Ib., 573; 59 Ib., 113 ; 50 Ib., 577; 35 Ib., 280; Code, 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 §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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.