Reviere v. Powell & Murphy
Pike Superior Court, Ga.
Evidence. Res gestea. New trial. Before Judge Hall. Pike Superior Court. October Adjourned Term, 1877. To the report contained in the opinion it is only necessary to add the following: Plaintiff claimed that he had deposited $225.00 with defendants, and had never withdrawn it or received it back; defendants admitted the deposit, but claimed that after it was made, in a general statement of accounts with plaintiff, the money had been used by him and applied with his consent…
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Evidence. Res gestea. New trial. Before Judge Hall. Pike Superior Court. October Adjourned Term, 1877. To the report contained in the opinion it is only necessary to add the following: Plaintiff claimed that he had deposited $225.00 with defendants, and had never withdrawn it or received it back; defendants admitted the deposit, but claimed that after it was made, in a general statement of accounts with plaintiff, the money had been used by him and applied with his consent in such settlement. This was the issue of fact.
1Opinion of the Court
Jackson, Justice.
This was a suit for two hundred and twenty-five dollars on a check, for that much money deposited by the plaintiff with the defendants. The issue was whether the money called for by the check had been paid in settlement or not. The jury found for the plaintiff, the defendants moved for a new trial, it was granted, and plaintiff excepted.
The motion was predicated on two grounds: first, that the court erred in rejecting a certain book of Powell & Murphy which showed an entry of the two hundred and twenty-five dollars sued for, and its payment in the settlement; and, secondly,…
2Cited by6 opinions
- Monroe v. SnowIllinois Supreme Court · 1890
- Shields v. CarterCourt of Appeals of Georgia · 1918
- Crump v. Bank of ToccoaCourt of Appeals of Georgia · 1930
- Royal v. StateSupreme Court of Florida · 1936
- Athens Manufacturing Co. v. MalcolmSupreme Court of Georgia · 1910
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