Bulloch v. Smith
Supreme Court of Georgia
Assumpsit, &c., in Cass Superior Court. Tried before Judge Jno. II. Lumpkin, March Term, 1854. This was an action upon an account. The Statute of Limitations was pleaded, and a new promise relied upon.
Read the full summary
Assumpsit, &c., in Cass Superior Court. Tried before Judge Jno. II. Lumpkin, March Term, 1854. This was an action upon an account. The Statute of Limitations was pleaded, and a new promise relied upon. The proof was, that in 1849, the witness heard the defendants’ intestate acknowledge the justice of the account, and promised to pay it at that time, if the plain tiff would take a certain piece of land, at $1200. Another witness swore, that in 1850, defendants’ intestate said he was owing plaintiff, and was desirous to pay him. The Court charged the Jury: 1st. That if the witness testified to…
1Opinion of the Court
By the Court.
Starnes, J.,
delivering the opinion.
[1.] We know of no rule which forbids the statements of a ■witness, as to the acknowledgments of a party to the suit, from being admitted as evidence, unless the witness gives the very words which had been used. Such a rule would be productive ■of very great inconvenience and injustice. It constantly happens, that witnesses can remember no more than the tenor and effect of the conversations which transpire in their hearing, and ■on the proof of which, important interests depend. If these ■conversations could not be given in evidence, be&vuse the…
2Cases cited1 opinion
- Dickinson v. McCamySupreme Court of Georgia · 1848
3Cited by14 opinions
- Kelly v. Strouse & Bros.Supreme Court of Georgia · 1903
- Georgia Power Co. v. PuckettSupreme Court of Georgia · 1935
- Scripps v. ReillyMichigan Supreme Court · 1877
- Rolfe v. Inhabitants of RumfordSupreme Judicial Court of Maine · 1877
- Park v. MullinsSupreme Court of Georgia · 1906
9 more not listed; retrieve them via the Exa API.