Heinkin & Palmore v. Barbrey
Supreme Court of Georgia
Charge of the Court. Evidence. Certainty. Before Judge Harrell. Randolph Superior Court. May Term, 1869. Barbrey made affidavit that Heinkin & Palmore were indebted to him $980 88, and resided out of this State.
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Charge of the Court. Evidence. Certainty. Before Judge Harrell. Randolph Superior Court. May Term, 1869. Barbrey made affidavit that Heinkin & Palmore were indebted to him $980 88, and resided out of this State. Thereupon, an attachment issued.- His petition averred that they owed him that sum of money, because on the 27th of December, 1867, in consideration of his shipment to them of twelve bales of cotton, they advanced him $300 00, at one per cent. per mouth, and agreed not to sell his cotton till the 1st of March, 1868, or after that, and, disregarding said promise, did sell it, dn the…
1Opinion of the CourtMcCay, J.
1. On the trial of this case in the Court below the defendants offered as a witness one Jackson, who swore that he was their agent, at Cuthbert, to ship cotton to them in New York. He stated, further, that after the defendants had sold the cotton, and Barbrey had objected to it, as contrary to the agreement, Barbrey had directed him to write to defendants, and that he had written a certain letter, by Barbrey’s direction. This letter was then offered in evidence; that part of the letter pertaining to the matter in dispute, was as follows: “That he, Barbrey, would have been satisfied had the…
2Cited by4 opinions
- Central of Georgia Railway Co. v. MoteSupreme Court of Georgia · 1908
- Harvey v. HeadSupreme Court of Georgia · 1881
- West v. Bank of AmericusSupreme Court of Georgia · 1879
- Gragg v. HallSupreme Court of Georgia · 1927