Jackson v. Gallagher
Supreme Court of Georgia
Equitable petition. .Before Judge Felton. Bibb superior court. February 6, 1906. Mary Belle Cochran, a minor, by'her next friend, brought suit against Mary A. Gallagher, as administratrix of Edward Gallagher, and also individually, seeking to recover the sum of $2,327.03, claimed to be money of the plaintiff which Gallagher had taken in his lifetime and delivered to Mary A. Gallagher, who received it with knowledge- and converted it.
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Equitable petition. .Before Judge Felton. Bibb superior court. February 6, 1906. Mary Belle Cochran, a minor, by'her next friend, brought suit against Mary A. Gallagher, as administratrix of Edward Gallagher, and also individually, seeking to recover the sum of $2,327.03, claimed to be money of the plaintiff which Gallagher had taken in his lifetime and delivered to Mary A. Gallagher, who received it with knowledge- and converted it. Pending the suit the plaintiff became of age and married one Jackson. An order was taken striking the next friend and allowing the suit to proceed in her own…
1Opinion of the CourtLumpkin, J.
(After stating the foregoing facts.)
1. The mother of the plaintiff was not an incompetent witness. She was not a party to the case nor pecuniarily interested in the result. In the transaction between her and the deceased she did not purport to be acting as agent for the plaintiff, but her testimony tended to show that she was in effect making a gift to the daughter-inter vivos. She is not suing to enforce the contract made with her deceased brother, but her testimony would tend to show that the-contract was performed. The fact that her daughter may profit by her testimony will not exclude…
2Cases cited25 opinions
- Blount v. BeallSupreme Court of Georgia · 1894
- Nolen v. HardenSupreme Court of Arkansas · 1884
- Burney v. BallSupreme Court of Georgia · 1858
- Mims v. RossSupreme Court of Georgia · 1871
- Mayer & Lowenstein v. Chattahoochee National BankSupreme Court of Georgia · 1874
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3Cited by17 opinions
- Crawford v. WilsonSupreme Court of Georgia · 1913
- Lankford v. HoltonSupreme Court of Georgia · 1938
- Clark v. BridgesSupreme Court of Georgia · 1927
- Underwood v. UnderwoodCourt of Appeals of Georgia · 1931
- McIntire v. RaskinSupreme Court of Georgia · 1931
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