Legal Opinion

Ragan v. Smith & Gordon

Supreme Court of Georgia

Decided November 30, 1897PublishedCited by 6 opinions

Complaint on account. Before Judge Smith. Dodge superior court. March term, 1897.

1Opinion of the CourtLumpkin, P. J.

1. “A letter received in due course of mail in response to a letter sent by the receiver is presumed, in the absence of any showing to the contrary, to be the letter of the person whose name is signed to it.” Scofield v. Parlin & Orendorff Co., 61 Fed. Rep. 804. To the same effect, see, also, 2 Whart. Ev. § 1328; 1 Taylor, Ev. 183 49; 19 Am. & Eng. Enc. L. 52, referring to 13 Id. 260.

2. Accordingly, where on the trial of an action upon an open account the plaintiff relied upon admissions of its correctness contained in letters so received, written upon letter-heads of the defendant and…

2Cited by6 opinions

  1. Employers Commercial Union Insurance v. WrennCourt of Appeals of Georgia · 1974
  2. School Boy Sportwear Corp. v. Cornelia Garment Co.Court of Appeals of Georgia · 1962
  3. Parker v. StateCourt of Appeals of Georgia · 1984
  4. Leesville Mfg. Co. v. Morgan Wood & Iron WorksSupreme Court of South Carolina · 1906
  5. Capital City Supply Co. v. BeuryWest Virginia Supreme Court · 1911

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