Jordan v. Rivers
Supreme Court of Georgia
Motion for new trial. Randolph. Decided by Judge •Kiddoo, May Term, 1856. James C. Rivers brought his action of assumpsit against Willoughby Jordan, upon a written agreement to pay $125 in certain accounts. Upon the trial before the Jury, the plaintiff put in evidence this agreement; and also, evidence going to prove a demand for and refusal to give such accounts as the agreement required, and closed.
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Motion for new trial. Randolph. Decided by Judge •Kiddoo, May Term, 1856. James C. Rivers brought his action of assumpsit against Willoughby Jordan, upon a written agreement to pay $125 in certain accounts. Upon the trial before the Jury, the plaintiff put in evidence this agreement; and also, evidence going to prove a demand for and refusal to give such accounts as the agreement required, and closed. Defendant then introduced various witnesses, going to show that the accounts required had been tendered and refused ; and for the same purpose, offered the interrogatories of James E. Griffith,…
1Opinion of the Court
By the Court.
Benning, J.
delivering the opinion.
pL] To whom does a blank commission, annexed to interrogatories, give authority ? A blank commission is thus directed : “To-esquires, greeting.” And it says, that “ we have appointed you, and you or any two or more of you, are hereby authorized,” &c. This direction is equivalent to a direction to all the “ esquires” in the world by name; and this grant of authority is of course a grant of authority to any two or more of those “ esquires.” These propositions are true of the commission whilst it is yet in blank. If two or more “esquires” insert…
2Cited by1 opinion
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