Foster v. Leeper & Menafee
Supreme Court of Georgia
Assumpsit, in Catoosa Superior Court. Tried before Judge Crook, at May Term, 1859. This was an action by Michael Dickson, Thomas A. Buford, and Alexander H. Foster, against John Leeper and E. P. Menafee, partners under the 'name and style of Leeper & Menafee, for the recovery of damages, alleged in their declaration to have been sustained by reason of the failure and refusal of defendants to deliver to plaintiffs at Murfreesboro, in the State of Tennessee, sixty thousand…
Read the full summary
Assumpsit, in Catoosa Superior Court. Tried before Judge Crook, at May Term, 1859. This was an action by Michael Dickson, Thomas A. Buford, and Alexander H. Foster, against John Leeper and E. P. Menafee, partners under the 'name and style of Leeper & Menafee, for the recovery of damages, alleged in their declaration to have been sustained by reason of the failure and refusal of defendants to deliver to plaintiffs at Murfreesboro, in the State of Tennessee, sixty thousand pounds of bacon, as they had agreed and undertaken to do. The declaration further alleged that said defendants agreed and…
1Opinion of the Court
— Lumpkin J.
By the Court.
delivering the opinion.
[1.]Was Foster a competent witness for the plaintiffs ? We hold that he was upon the authority of the Central Railroad & Banking Co., vs. Hines, Perkins & Co., (19 Ga. Rep. 203.,) with which we are satisfied.
[2.] Was the Court right in excluding as testimony from the jury, a copy of a letter, purporting to have beén written by defendant to Foster, the 12th of March, 1857? We think so; for this reason, amongst others, that it did not appear that the original was ever received by him, or even that it was sent.
[3.] Does this case come within the…
2Cases cited1 opinion
- Central Rail Road & Banking Co. v. Hines, Perkins & Co.Supreme Court of Georgia · 1856
3Cited by8 opinions
- Capital City Brick Co. v. Atlanta Ice & Coal Co.Court of Appeals of Georgia · 1909
- Georgia Refining Co. v. Augusta Oil Co.Supreme Court of Georgia · 1885
- Pitcher & Manda v. LoweSupreme Court of Georgia · 1895
- Goins v. Western RailroadSupreme Court of Georgia · 1877
- Gordon v. Beck & Gregg Hardware Co.Court of Appeals of Georgia · 1946
3 more not listed; retrieve them via the Exa API.