Administrators of Darby v. Rice
Supreme Court of South Carolina
This was an action of assumpsit, to recover the balance of the amount of sales of four bales of cotton, sold by the. defendant for the plaintiffs’ intestate.
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This was an action of assumpsit, to recover the balance of the amount of sales of four bales of cotton, sold by the. defendant for the plaintiffs’ intestate. The defendant, who was a merchant, furnished him with an account current, in which the four bales of cotton were credited, which overpaid the defendant’s store account one hundred and forty-nine dollars, thirty-seven and a half cents, to recover which, this action was brought; opposite which balance the defendant wrote, “ received the above in fulland signed his name, “ R. S. Rice.” The defendant did not deny the account to be in his…
1Opinion of the Court
*The opinion of the Court was delivered by [*599
Johnson, J.
The Court is of opinion that a new trial ought to be granted on the second and last ground. There are perhaps as few exceptions to the general rule, that the declaration of a party shall not be given in evidence for him, as to any other ; and they exist only in those cases in which, from the nature of the thing, it is impossible to furnish any other proof of the fact; for instance, if it should become a question whether a party knew the multiplication table, it could only be established by hearing him repeat it; what he has said,…
2Cited by3 opinions
- Sherman v. ShermanSupreme Court of Iowa · 1888
- Williams v. MowerSupreme Court of South Carolina · 1888
- Dantzler v. Southern Ry. Co.Supreme Court of South Carolina · 1929