White v. Crane
Supreme Court of Georgia
Evidence. Contracts. Onus proba/ndi. Before Judge Bartlett. Pike Superior Court. April Adjourned Term, 1S78. . Crane et al. sued White on an open account. The jury found for defendant.
Read the full summary
Evidence. Contracts. Onus proba/ndi. Before Judge Bartlett. Pike Superior Court. April Adjourned Term, 1S78. . Crane et al. sued White on an open account. The jury found for defendant. Plaintiffs moved for a new trial on the following, among other grounds : 1. Because the verdict was contrary to law and the evidence. 2. Because the court refused to charge, that “ if the evidence on the part of the plaintiffs showed that the defendant bought and received the goods, and has not paid for them, then the burden is upon defendant to show what amount he has paid, if any, before he is entitled to a…
1Opinion of the Court
Warner, Chief Justice.
The plaintiffs sued the defendant on an account for $216.15, and, on the trial of the case, the jury found a verdict for the defendant. The plaintiffs made a motion for a new trial on the grounds therein stated, which was granted, and the defendant excepted.
The plaintiffs introduced the defendant as' a witness to prove their account, who stated that-he bought of the plaintiffs the articles of the account sued on; that he had a running account with them for years; that he still owed them, but did not know what amount; had made payments on the running account at divers…
2Cited by2 opinions
- Scott v. Kelly-Springfield Tire Co.Court of Appeals of Georgia · 1924
- F. N. B. Financial Co. v. Glaze Tire Co.Court of Appeals of Georgia · 1976