Underwood v. Parrott
Texas Supreme Court
Parrott sued TJnderwood for tbe proceeds of cotton, alleged, to have been shipped and sold by tbe latter for the former. The defendant pleaded a setoff of an account embracing numerous articles of merchandise, alleged to have been sold and delivered by him to the plaintiff.
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Parrott sued TJnderwood for tbe proceeds of cotton, alleged, to have been shipped and sold by tbe latter for the former. The defendant pleaded a setoff of an account embracing numerous articles of merchandise, alleged to have been sold and delivered by him to the plaintiff. On the trial, the defendant, to prove this account, introduced a witness, John T. Gill, who testified “ that he was the defendant’s clerk when the account was made;” that he had a recollection and knowledge of some of the items, which he specified, and that those charges were correct; that he knew that Parrott liad gottea…
1Opinion of the Court
Mr. Justice "Wheeler
delivered the opinion of the court,. Mr. Justice LipscoMb not sitting.
This case comes before us on appeal; and the charge and rulings of the court, objected to, are presented in the following-exceptions taken at the trial:
1st. The court charged the jury that they would not regard the testimony of John P. Gill in relation to the amount of the debt, except so far as he testified to the sale and delivery of articles of his own knowledge.
• 2d. The court permitted the plaintiff to introduce evidence of a sale of certain slaves, without any averment in his pleadings in regard to…
2Cases cited5 opinions
- Crane v. Lessee of MorrisSupreme Court of the United States · 1832
- Merrill v. Ithaca & Owego Rail RoadNew York Supreme Court · 1837
- Lawrence v. BarkerNew York Supreme Court · 1830
- The President, Directors and Company of the Bank of the Commonwealth of Kentucky, in Error v. John Ashley and John EllaSupreme Court of the United States · 1829
- Inhabitants of Sanford v. EmerySupreme Judicial Court of Maine · 1822
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- Gunnells Sand Company v. WilhiteCourt of Appeals of Texas · 1965
- Westchester Fire Ins. Co. v. BiggsCourt of Appeals of Texas · 1919
- Lawrence v. StilesAppellate Court of Illinois · 1885
- Bupp & Robbins v. J. F. O'Connor & Co.Court of Appeals of Texas · 1892
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