Legal Opinion

Williams v. Kelsey & Halsted

Supreme Court of Georgia

Decided February 15, 1849No. 47PublishedCited by 19 opinions

Levy and claim, in Houston Superior Court. Tried before Judge Floyd, October Term, 1848. On the 25th day of March, 1839, Shepherd Williams, senior, executed to Thomas Williams, an instrument obligating himself to pay certain debts therein specified, for Thomas Williams among which was a debt due the Central Bank. The several items of indebtedness specified in the instrument, were consolidated, and a note for $5124 48, was given by Thomas Williams to Shepherd Williams, sen.

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Levy and claim, in Houston Superior Court. Tried before Judge Floyd, October Term, 1848. On the 25th day of March, 1839, Shepherd Williams, senior, executed to Thomas Williams, an instrument obligating himself to pay certain debts therein specified, for Thomas Williams among which was a debt due the Central Bank. The several items of indebtedness specified in the instrument, were consolidated, and a note for $5124 48, was given by Thomas Williams to Shepherd Williams, sen. At the same time, for the securing the payment of the note, Thomas Williams executed to Shepherd Williams, sen. a deed of…

1Opinion of the Court

By the Court.

Warner, J.

delivering the opinion.

[1.] The first exception taken to the decision of the Court below is, the rejection of the testimony of Robert M. Charlton, which consisted of the statements made by the son of the claim*373ant, to witness, when he paid him $400, as the attorney of the Central Bank, as to the purpose for which he paid the money, for whom, and by whose directions he paid it. The declarations of the son are sought to be made evidence, on the ground that he was the agent of his father, in making the payment of the money. There are two fatal obj ections to the…

2Cases cited3 opinions

  1. M'Instry v. TannerNew York Supreme Court · 1812
  2. Dickenson v. CookNew York Supreme Court · 1820
  3. Farrington v. CaswellNew York Supreme Court · 1818

3Cited by19 opinions

  1. Van Gundy v. WilsonCourt of Appeals of Georgia · 1951
  2. Harris Loan Co. v. Elliott & Hatch Book Typewriter Co.Supreme Court of Georgia · 1900
  3. Colt Co. v. WheelerCourt of Appeals of Georgia · 1923
  4. Akridge v. Atlanta Journal Co.Court of Appeals of Georgia · 1937
  5. Franklin County Lumber Co. v. Grady CountySupreme Court of Georgia · 1909

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