Cross v. Johnson
Supreme Court of Georgia
'Non-suit. Parties. Pleading.- Evidence. Contracts. Before Judge JOHNSON. Emanuel Superior Court. April Term, 1880. Johnson, for the use of Davis & Marks, brought suit on an account against Cross. The evidence for the plaintiff was to the effect that Cross had written a letter of credit under which Johnson let one Felder have the goods for the price of which suit is now brought, charging them to Cross ; that the account had been transferred by parol to Davis & Marks.
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'Non-suit. Parties. Pleading.- Evidence. Contracts. Before Judge JOHNSON. Emanuel Superior Court. April Term, 1880. Johnson, for the use of Davis & Marks, brought suit on an account against Cross. The evidence for the plaintiff was to the effect that Cross had written a letter of credit under which Johnson let one Felder have the goods for the price of which suit is now brought, charging them to Cross ; that the account had been transferred by parol to Davis & Marks. Defendant moved for a non-suit, which was refused. The jury found for the plaintiff. Defendant excepted, and assigned as error…
1Opinion of the Court
Jackson, Chief Justice.
This suit was brought on an open account by J. C. Johnson, for the use of Davis & Marks, against A. S. Cross. Johnson sold the goods to one Felder, and on written authority or letter of credit from Cross, the defendant, charged the account to him. Afterwards he transferred it to Davis & Marks, and the suit is brought in his name for their use. The jury found for the plaintiff, the court having refused to grant a.non-suit on motion of defendant, and error is assigned on the admission of certain testimony to the jury and on the refusal to award the non-suit.
*7191. One ground…
2Cases cited3 opinions
- Wood v. McGuire's ChildrenSupreme Court of Georgia · 1857
- Burke v. SteelSupreme Court of Georgia · 1869
- Hayne v. PerrySupreme Court of Georgia · 1858
3Cited by6 opinions
- Fidelity & Deposit Co. v. NisbetSupreme Court of Georgia · 1904
- Mercier v. CopelanSupreme Court of Georgia · 1884
- Norcross Butter & Cheese Manufacturing Co. v. SummerourSupreme Court of Georgia · 1901
- Franklin v. MobleyCourt of Appeals of Georgia · 1945
- Hill v. ShawSupreme Court of Georgia · 1939
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