Shields v. Carter
Court of Appeals of Georgia
Action for breach of contract; from Jackson superior court— A. C. Wheeler, judge pro hac vice. September 1, 1917. J. C. Shields sued W. A. and J. Z. Carter as warehousemen; alleging: that in March, 1914, he stored with defendants 58 bales of cotton; that at the time the cotton was stored, it was agreed between the plaintiff and the defendants that defendants would charge him twenty-five cents a hale per month to store and insure the same, and that it was expressly agreed hy…
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Action for breach of contract; from Jackson superior court— A. C. Wheeler, judge pro hac vice. September 1, 1917. J. C. Shields sued W. A. and J. Z. Carter as warehousemen; alleging: that in March, 1914, he stored with defendants 58 bales of cotton; that at the time the cotton was stored, it was agreed between the plaintiff and the defendants that defendants would charge him twenty-five cents a hale per month to store and insure the same, and that it was expressly agreed hy the defendants that the cotton should be stored and insured, and be kept fully insured by the defendants for its full…
1Opinion of the CourtJenkins, J.
(After stating the foregoing facts.) Some elaboration of the third headnote seems appropriate. Under the law as it originally obtained, a party was not permitted to prove his account by his own testimony, and for this reason it was necessary for him to show by the clerk who actually furnished the articles that the charge was a proper one. From the necessity of the case it was therefore held, in early decisions of the Supreme Court, that under certain conditions accounts of merchants and shopkeepers might be proved by the introduction of their books, provided it was shown that no clerk was…
2Cases cited12 opinions
- Tifton, Thomasville & Gulf Railway Co. v. ButlerCourt of Appeals of Georgia · 1908
- Cox v. Cody & Co.Supreme Court of Georgia · 1886
- Bush v. FourcherCourt of Appeals of Georgia · 1907
- Goodtitle ex dem. Bond v. RoeSupreme Court of Georgia · 1856
- Giles v. VandiverSupreme Court of Georgia · 1893
7 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Rome Railway & Light Co. v. KingCourt of Appeals of Georgia · 1925
- Citizens Bank v. Valdosta Mill & Elevator Co.Court of Appeals of Georgia · 1925
- Crump v. Bank of ToccoaCourt of Appeals of Georgia · 1930
- Millsaps v. Strange Co.Court of Appeals of Georgia · 1928
- Nix v. Armour Fertilizer WorksCourt of Appeals of Georgia · 1930
4 more not listed; retrieve them via the Exa API.