Legal Opinion

J. S. & L. Bowie & Co. v. Maddox & Goldsmith

Supreme Court of Georgia

Decided August 15, 1859PublishedCited by 18 opinions

Complaint, in Chattooga Superior Court. Tried before Judge Chook, March Term, 1859. \ J. S. & L. Bowie & Co., of Charleston, South Carolina, brought suit against George B. T. Maddox, Josiah E. Maddox, and Andrew J. Goldsmith, partners in trade under the name and firm of Maddox & Goldsmith, on a promissory-note for $735 99, dated 15th October, 1857, and payable six months after date, signed “ Maddox & Goldsmith.”

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Complaint, in Chattooga Superior Court. Tried before Judge Chook, March Term, 1859. \ J. S. & L. Bowie & Co., of Charleston, South Carolina, brought suit against George B. T. Maddox, Josiah E. Maddox, and Andrew J. Goldsmith, partners in trade under the name and firm of Maddox & Goldsmith, on a promissory-note for $735 99, dated 15th October, 1857, and payable six months after date, signed “ Maddox & Goldsmith.” George B. T. Maddox pleaded the general issue; and further, that he was not a partner of said firm of Maddox & Goldsmith at the time said note was given, and did not sign, the same,…

1Opinion of the Court

— Stephens J.

By the Court.

delivering the opinion.

[1.] We think the Court erred in admitting®the testimony that Dr. Maddox manifested surprise on being informed, that in Charleston he was regarded as a member of this *287firm. This was used as evidence that he was not a member. What more verity is there in a gesture or.exclamation . of surprise, than in plain words expressing the same emotion? Yet, his words to that effect would be confessedly inadmissible. To admit either the one or the other, would -open a wide door for the introduction of manufactured evidence. There are a great many cases…

2Cited by18 opinions

  1. State v. FergusonSouth Dakota Supreme Court · 1925
  2. Minter v. KentCourt of Appeals of Georgia · 1940
  3. Jefferson Standard Life Insurance v. BentleyCourt of Appeals of Georgia · 1937
  4. Hudson v. BestSupreme Court of Georgia · 1898
  5. Lewis v. American Road InsuranceCourt of Appeals of Georgia · 1969

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