Creamer & Graham v. Shannon
Supreme Court of Georgia
Complaint, in Rum tor Superior Court. Tried before Judge Perkins, September Term, 1854. This was a suit upon an account. Upon the trial, John Creamer, one of the firm of Creamer & Graham, swore that the firm had an original book of entries, which had been destroyed by fire; that ke kept the books alone, having no clerk, and that he transcribed the present account from the book, and that this was a true transcript from the book.
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Complaint, in Rum tor Superior Court. Tried before Judge Perkins, September Term, 1854. This was a suit upon an account. Upon the trial, John Creamer, one of the firm of Creamer & Graham, swore that the firm had an original book of entries, which had been destroyed by fire; that ke kept the books alone, having no clerk, and that he transcribed the present account from the book, and that this was a true transcript from the book. The Court rejected the transcript thus proven, as evidence, and this decision is assigned as error.
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
[1.] The plaintiffs in error, in this case, brought suit as merchants, against the defendant, on an open account, for goods, sold and delivered to him during the year 1853. Upon the trial, it was proposed to show by Mr. Creamer, one of the firm, that the bill of particulars filed with the complaint, was a true transcript from the book of original entries; that said entries were made by himself, the partners having no clerk, and that the book containing these entries had been burnt in the late fire at Americus. The Circuit Court refused to allow…
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