Legal Opinion

J. Day & Co. v. Crawford

Supreme Court of Georgia

Decided July 15, 1853No. 76PublishedCited by 13 opinions

Assumpsit, in Decatur Superior Court. Tried before Judge Perkins. April Term, 1853. . This was an action of assumpsit, brought by the plaintiffs in error against the defendant in error, as surviving executor of Bennett Crawford, deceased, for the recovery of .$354.80 cents, as a balance due on account.

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Assumpsit, in Decatur Superior Court. Tried before Judge Perkins. April Term, 1853. . This was an action of assumpsit, brought by the plaintiffs in error against the defendant in error, as surviving executor of Bennett Crawford, deceased, for the recovery of .$354.80 cents, as a balance due on account. The declaration alleged that plaintiffs were factors and commission merchants at Apalachicola, in the State of Florida, and as such, made a cash advance inclusive of interest, postage, &c. of $1774.28 cents; to Bennett Crawford, while in life, on 65 bales of cotton, which were to be shipped by…

1Opinion of the Court

By the Court.

Lumpkin, J.

delivering the opinion.

This was an action like that of Fielder,' Brothers & Co. against Win. E. Collier, to recover for an over advance on cotton, made by the plaintiffs to Bennett Crawford, deceased, late of Decatur County.

[1.] Samuel B. Millican being offered as a witness by the plaintiffs, and it appearing that he had no other knowledge of the case except that derived from the plaintiffs’ books, which were not kept by him, the Court excluded his testimony, and we think very properly. Let the clerk prove the books who made the entries in the due course of his…

2Cited by13 opinions

  1. Minich v. PeopleSupreme Court of Colorado · 1885
  2. Skipper v. StateSupreme Court of Georgia · 1877
  3. Jones v. StateCourt of Appeals of Georgia · 1943
  4. Bracken & Ellsworth v. Dillon & SonsSupreme Court of Georgia · 1879
  5. Henderson v. StateSupreme Court of Georgia · 1905

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