Sutton v. Dye , 60 Ga. 449 ( 1878 )

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.

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; 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.