Fleming v. Hammond
Supreme Court of Georgia
Case, &c. in Elbert Superior Court. Tried before Judge Andrews, March Term, 1855. This was a suit by Alfred Hammond vs. Fleming, for the value of two bales of cotton, alleged to have been lost by Fleming, a boatman, to whom it was delivered, to be carried to Augusta.
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Case, &c. in Elbert Superior Court. Tried before Judge Andrews, March Term, 1855. This was a suit by Alfred Hammond vs. Fleming, for the value of two bales of cotton, alleged to have been lost by Fleming, a boatman, to whom it was delivered, to be carried to Augusta. The plaintiff below relied on proof that he delivered twenty-two bales of cotton on the river bank at the boat landing of Fleming, by evidence that the overseer started that number of bales to the river; and that only twenty bales were delivered to his factor in Augusta. He also proved, that by contract, he was to get 10 cents…
1Opinion of the Court
*147 By the Court.
Lumpkin, J.
delivering the opinion.
While we think that the weight of evidence was against the plaintiff, as to the quantity of cotton delivered, and on that account, should he inclined to order a new trial, wo shall ■send this case back, because no verdict can ever be satisfactory, which is rendered, upon proof so vague and uncertain.
[1.] This action is brought to recover the value of two bales of cotton, it being alleged and attempted to bo proved, that . 22 bags were delivered to the defendant, and 20 only received at that ware-house in Augusta, to which it was shipped. Now the…
2Cited by2 opinions
- Georgia Southern & Florida Railway Co. v. MarchmanSupreme Court of Georgia · 1904
- Central of Georgia Railway Co. v. BirdCourt of Appeals of Georgia · 1912