Greenburg v. Saul
Mississippi Supreme Court
From the circuit court of Pike county. Hon. Moyse H. Wilkinson, Judge. Saul and others, doing business under the copartnership name of Saul Brothers & Company, appellees, were plaintiffs in the court below, and Greenburg, appellant, was defendant there. From a judgment in favor of plaintiffs, predicated of a peremptory instruction, defendant appealed to the supreme court. The suit was for a balance" on indebtedness for merchandise purchased by defendant from plaintiffs.
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From the circuit court of Pike county. Hon. Moyse H. Wilkinson, Judge. Saul and others, doing business under the copartnership name of Saul Brothers & Company, appellees, were plaintiffs in the court below, and Greenburg, appellant, was defendant there. From a judgment in favor of plaintiffs, predicated of a peremptory instruction, defendant appealed to the supreme court. The suit was for a balance" on indebtedness for merchandise purchased by defendant from plaintiffs. The account sued upon was duly sworn to, under Code 1906, § 1978. The defendant filed an affidavit in the cause affirming “…
1Opinion of the CourtCalhoon, J.
Greenburg was sued by appellees on their sworn account. Not only was it sworn to, but, on deposition, the account was otherwise proved. There was no counter-affidavit denying the correctness of the account and particularizing wherein it was incorrect. The only defense is stated on oath by Green-burg “ that he does not owe the above account, or any part thereof, but that the same has been fully paid.” In this condition it devolved upon Greenburg to affirmatively prove payment. We find no testimony in the record to this effect. Disregarding the statute, the plaintiffs below having proved their…
2Cited by5 opinions
- Garrett v. PIGFORD, SUB. TRUSTEEMississippi Supreme Court · 1953
- Philley v. TolerMississippi Supreme Court · 1960
- Ainsworth v. BlakeneyMississippi Supreme Court · 1957
- Georgetown Mercantile Co. v. SteenMississippi Supreme Court · 1929
- Germany v. United States Fidelity & Guaranty Co.Mississippi Supreme Court · 1934