Mann v. Glauber
Supreme Court of Georgia
Complaint on account. Before Judge Sweat. Appling superior court. September term, 1894. Glauber & Isaacs sued Mann & Melton upon an account for certain goods, and obtained a verdict for the amount sued for. Defendants’ motion for a new trial was overruled, and they excepted.
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Complaint on account. Before Judge Sweat. Appling superior court. September term, 1894. Glauber & Isaacs sued Mann & Melton upon an account for certain goods, and obtained a verdict for the amount sued for. Defendants’ motion for a new trial was overruled, and they excepted. The motion alleged that the verdict was contrary to law and evidence; and that the court erred in chai’giug the jui’y, that if they believed from the evidence that plaintiffs had sold a bill of goods to defendants, and had delivered said goods so ordered or purchased by defendants on a boat therein named, to be delivered…
1Opinion of the CourtLumpkin, J.
1. The charge complained of, to the effect that, in the absence of an agreement to the contrary, delivery to a common carrier is delivery to the consignee, was correct. Falvey & Co. v. Richmond, 87 Ga. 99.
2. The request to charge, while in some respects legal and pertinent, contained at its conclusion expressions calculated to confuse and mislead the jury, and was therefore properly refused; the evidence fully warranted the verdict, and there was no error in denying a newtrial. Judgment affirmed.
G. J. Holton & Son, for plaintiffs in error. Graham & Parker, contra.
2Cases cited1 opinion
- Falvey & Co. v. RichmondSupreme Court of Georgia · 1891
3Cited by6 opinions
- Morgan v. Colt Co.Court of Appeals of Georgia · 1925
- Southwire Co. v. Franklin Aluminum Co.Court of Appeals of Georgia · 1966
- Parke, Davis Company v. CookSupreme Court of Georgia · 1944
- McCook v. Halliburton-Myers Co.Court of Appeals of Georgia · 1914
- McCullough Bros. v. ArmstrongSupreme Court of Georgia · 1903
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