Fielder, Bros. & Co. v. Collier
Supreme Court of Georgia
Assumpsit, in Leo Superior Court. Tried before Judge Perkins, April Term, 1853. William E. Collier shipped 57 bales of cotton, through J. Day & Co. commission merchants at Apalachicola, Florida, to the house of Fielder, Brothers & Co. Liverpool, England, and received as an advance thereon, in money, drafts, interest, postage &c. the sum of $1453.81 cts. The cotton was sold in Liverpool by Fielder, Brothers & Co. for the net amount of $1066.48 cts.
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Assumpsit, in Leo Superior Court. Tried before Judge Perkins, April Term, 1853. William E. Collier shipped 57 bales of cotton, through J. Day & Co. commission merchants at Apalachicola, Florida, to the house of Fielder, Brothers & Co. Liverpool, England, and received as an advance thereon, in money, drafts, interest, postage &c. the sum of $1453.81 cts. The cotton was sold in Liverpool by Fielder, Brothers & Co. for the net amount of $1066.48 cts. This action was brought for the recovery of the difference, to ivit: $387.33 cts. The defendant pleaded the general issue. On the trial, the…
1Opinion of the Court
By the Court. —
Lumpkin, J.
delivering the opinion.
[1.] The first error assigned, is the ruling out the testimony of Daniel J. Day, who swore, that “ it was his understanding, and he believed that it was that of all the persons interested, that if there should be any balance against any of the parties shipping, it should be promptly paid, after receiving the account.” We think the Court was wrong in excluding this evidence ; and for the reasons assigned in Moody and Wife vs. Davis, 10 Ga. R. 403; and Franklin et al. vs. The Mayor and Council of the City of Macon, 12 Ga. R. 257.
[2.] Plaintiffs…
2Cited by21 opinions
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- Mimbs v. StateCourt of Appeals of Georgia · 1907
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