Saul v. Buck, Hefflebower & Neer
Supreme Court of Georgia
Debtor and Creditor. Witness. Impeachment. Charge of Court. Fraud. Before Judge Clark. City Court of Atlanta. June Term, 1883. Buck, Hefilebower & Neer brought suit against Sam on account for goods sold. The main ground of defence was, that defendant had made a composition Avith his creditors, and had settled the claim of plaintiffs.
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Debtor and Creditor. Witness. Impeachment. Charge of Court. Fraud. Before Judge Clark. City Court of Atlanta. June Term, 1883. Buck, Hefilebower & Neer brought suit against Sam on account for goods sold. The main ground of defence was, that defendant had made a composition Avith his creditors, and had settled the claim of plaintiffs. Against this they insisted that the composition was fraudulent, and while purporting to be alike as to all creditors, certain creditors were given more than plaintiffs, and that it Avas therefore void. The evidence was conflicting. The jury found for plaintiffs.…
1Opinion of the Court
Blandeord, Justice.
A verdict was rendered in favor of defendants in error against the plaintiff in error, and he moved the court for a *256new trial, on various grounds, which was overruled, and this is excepted to. and error is assigned here on this exception.
1. One of the grounds of error in the motion is, that the court charged the jury that, if the plaintiff was impeached^ he was not to be believed, unless corroborated by other witnesses or circumstances in proof. Under the facts in this case, we think that the court would have been justified in going much further than this. The evidence…
2Cases cited1 opinion
- Woodruff & Co. v. SaulSupreme Court of Georgia · 1883
3Cited by6 opinions
- Powell v. StateSupreme Court of Georgia · 1897
- Sheppard v. StateSupreme Court of Georgia · 1928
- Powers Dry-Goods Co. v. HarlinSupreme Court of Minnesota · 1897
- Burgess v. Simpson Grocery Co.Supreme Court of Georgia · 1907
- In re ChaplinDistrict Court, D. Massachusetts · 1902
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