Brown v. Deloach
Supreme Court of Georgia
Nonsuit, and motion to reinstate the case. Decision by Judge Lamar, in Talbot Superior Court, March Term, ' 1859. Brown & McCoy brought suit (for the use of Thomas A. Brown) against Simeon Deloach on an account for goods, &c., furnished by said firm to Seaborn Deloach and charged on the books of the firm to Seaborn Deloach.
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Nonsuit, and motion to reinstate the case. Decision by Judge Lamar, in Talbot Superior Court, March Term, ' 1859. Brown & McCoy brought suit (for the use of Thomas A. Brown) against Simeon Deloach on an account for goods, &c., furnished by said firm to Seaborn Deloach and charged on the books of the firm to Seaborn Deloach. Plaintiffs introduced as a witness Augustus O. McCoy, who testified that the account attached to the declaration was correct; that the goods were all sold and delivered to Seaborn Deloach, a son of the defendant, and charged to the son on plaintiff’s books; that the credit…
1Opinion of the Court
By the Court.
Benning, J.,
delivering the opinion.
Was the court below right in excluding from the jury the defendant’s promise to pay his son’s debt “the next fall,” if the plaintiffs would let the debt lie over till then, and the son should fail to pay it ? We think not.
If the son’s account was contracted by the authority of' *488the father, it was a contract binding on the father. Anything, then, from which the jury would have been at liberty to infer that the son had been authorized by the father to contract the account, was admissible as evidence to the jury. This promise of the father to pay…
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