Clark v. Fee
Supreme Court of Georgia
Evidence. Interrogatories. Verdict. Accounts. Appeals. Practice. Damages. Before Judge Marshall J. Clarke. Fulton superior court. September term, 1889. Fee sued A. B. Clark and A. B. Clark & Co. in a magistrate’s court, on an account for ten barrels of apples at $5.25 a barrel. A judgment was rendered for plaintiff, and defendants appealed to the superior court.
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Evidence. Interrogatories. Verdict. Accounts. Appeals. Practice. Damages. Before Judge Marshall J. Clarke. Fulton superior court. September term, 1889. Fee sued A. B. Clark and A. B. Clark & Co. in a magistrate’s court, on an account for ten barrels of apples at $5.25 a barrel. A judgment was rendered for plaintiff, and defendants appealed to the superior court. The evidence for plaintiff in that court, briefly stated, was as follows: Upon April 5, 1887, one Ilill was engaged as a broker in buying and selling produce on commission in New York. Previous to that day ho had sent out market…
1Opinion of the Court
Blandeord, Justice.
A verdict having been rendered in the court below against the defendant, he moved the court for a new trial upon several grounds, which was refused by the court.
The first ground of error assigned is, that the court admitted in evidence the answer of Fee to a certain in*12terrogatory, the interrogatory being: “Examine this account” (the account being stated) “and state whether the same is just, due, correct and unpaid.” The objection made was, that the interrogatory was leading, and intended to elicit a general answer that could be nothing more than a conclusion of law. We do…
2Cases cited4 opinions
- Garrison v. WilcoxsonSupreme Court of Georgia · 1852
- Hartridge v. McDanielSupreme Court of Georgia · 1856
- Gilmore v. WrightSupreme Court of Georgia · 1856
- McMillan v. Lawrence, Smith & WhildenSupreme Court of Georgia · 1858
3Cited by2 opinions
- Pendley Brick Co. v. Hardwick & Co.Court of Appeals of Georgia · 1909
- Franks v. Gress Lumber Co.Supreme Court of Georgia · 1900