Pridgen v. Hill
Texas Supreme Court
Appeal from Harrison. Action by the appellees against the appellant, commenced October 31st, 1850, on an account stated. The account consisted of charges for acceptances, commissions for same, commissions for advancing to pay the acceptances, bagging and rope, sundries and interest at eight per cent, per annum, and on the other side, of credits for cash, and proceeds of cotton consigned by the defendant to the plaintiffs.
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Appeal from Harrison. Action by the appellees against the appellant, commenced October 31st, 1850, on an account stated. The account consisted of charges for acceptances, commissions for same, commissions for advancing to pay the acceptances, bagging and rope, sundries and interest at eight per cent, per annum, and on the other side, of credits for cash, and proceeds of cotton consigned by the defendant to the plaintiffs. The plaintiffs were commission merchants residing in ÍTew Orleans. It did not appear by allegation or proof whether the defendant was a planter or a merchant, or either. The…
1Opinion of the CourtWheeler, J.
The errors assigned, which it is material to notice, relate to the rulings of the Court upon the admissibility of evidence, in instructions to the jury, and in refusing a new trial.
*378It was objected to the deposition of the witness Estlin, in answer to the 3rd and 5th interrogatories, that his answers did not furnish the best evidence of the matter to which he testified.
The object of the deposition was to prove the correctness of an account consisting of various items, which do not appear to have been evidenced by writing, and which it was, of course, competent to prove by parol. Among the…
2Cases cited2 opinions
- Andrews v. HoxieTexas Supreme Court · 1849
- Davis v. LoftinTexas Supreme Court · 1851
3Cited by16 opinions
- Corn v. Crosby County Cattle Co.Texas Commission of Appeals · 1930
- Tucker v. SmithTexas Supreme Court · 1887
- Gunn v. GunnSupreme Court of Georgia · 1885
- Chamberlain v. PybasTexas Supreme Court · 1891
- Lowe v. DowbarnTexas Supreme Court · 1863
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