Cassels v. Usry, Sturgis & Co.
Supreme Court of Georgia
Attorney and client. Evidence. Principal and agent. New'trial. Before J udgo Gibson. McDuffie Superior Court. March Term, 1873. William P. Cassels, as trustee for Mary J. Cassels, brought complaint against Usry, Sturgis & Company upon the following account: “1866 and'1867. Usry, Sturgis & Company, To W. P. Cassels, trustee for Mary J. Cassels, Dr. “To the one-fourth of lumber sawed from logs on his land by mill..................................§4,000 00.” The defendant…
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Attorney and client. Evidence. Principal and agent. New'trial. Before J udgo Gibson. McDuffie Superior Court. March Term, 1873. William P. Cassels, as trustee for Mary J. Cassels, brought complaint against Usry, Sturgis & Company upon the following account: “1866 and'1867. Usry, Sturgis & Company, To W. P. Cassels, trustee for Mary J. Cassels, Dr. “To the one-fourth of lumber sawed from logs on his land by mill..................................§4,000 00.” The defendant pleaded the general issue, settlement, payment and set-off. In the course of the trial, the defendants offered in evidence…
1Opinion of the Court
Trippe, Judge.
1. We cannot see any legal ground upon which the admission in evidence of the letter of Mr. Roney, counsel for plaintiff, can be put. It was written before the suit was instituted. The plaintiff certainly could not have introduced it himself. For what purpose can defendant use it upon a trial of the case on its merits? If it had contained an admission that the writer did not think the defendants owed his clients anything, it could not have been introduced against the client as evidence of such a fact. Had it been shown that it was written by the direct authority or consent of…
2Cited by4 opinions
- Brown v. HebbCourt of Appeals of Maryland · 1934
- Cramer & Co. v. TruittSupreme Court of Georgia · 1901
- Georgia Chemical Works v. MalcolmSupreme Court of Georgia · 1938
- Loomis v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1893