Dodd v. Mayson
Supreme Court of Georgia
Certiorari. Verdict contrary to evidence. Before Judge Pope. Fulton Superior Court. May Term, 1869. P. The Justice charged the jury, that Mayson’s putting the money on the railing, would be no payment unless he gave the money to plaintiffs, or one of their clerks or agents, in such a way that such person saw the money, and understood that it was in payment. The jury found for the defendant.
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Certiorari. Verdict contrary to evidence. Before Judge Pope. Fulton Superior Court. May Term, 1869. P. The Justice charged the jury, that Mayson’s putting the money on the railing, would be no payment unless he gave the money to plaintiffs, or one of their clerks or agents, in such a way that such person saw the money, and understood that it was in payment. The jury found for the defendant. Plaintiffs’ counsel sued out a certiorari, averring that the Justice erred in rejecting said evidence, and because the verdict was strongly and decidedly against the weight of the evidence. The Judge…
1Opinion of the CourtBrown, C. J.
1. It is a well settled rule of law that a receipt in full of a merchant’s account is not conclusive, but it may be rebutted by evidence which satisfies the Court and jury that an item of the account was left out by accident, mistake, or the like.
2. It was not denied in this case that the receipt in full was genuine, and was given by the book-keeper of the plaintiffs. But it was insisted that it was given under a misapprehension of the facts, and that a barrel of sugar which was not embraced in the account, to which the receipt was intended to apply, was left out by mistake, growing out of…
2Cited by3 opinions
- Bush v. FourcherCourt of Appeals of Georgia · 1907
- Warner Robins Supply Co. v. MaloneCourt of Appeals of Georgia · 1977
- Crooke v. ElliottCourt of Appeals of Georgia · 1957