Ward v. Wheeler
Texas Supreme Court
Appeal from Calhoun. Tried below before the Hon. Fielding Jones. Suit by appellee against appellant on an account. The plaintiff's account was kept against the steamboat Kate Ward and owners ; commenced April 19, 1849, and closed December 18th, 1850 ; aggregate charges $4,004 83 : credits $1,928 94 ; then due $2,075 89. Besides charges in ordinary form as for goods sold and delivered to the defendant, there were charges as follows : June 15,1849, cash to Mate, $2 ; one pair…
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Appeal from Calhoun. Tried below before the Hon. Fielding Jones. Suit by appellee against appellant on an account. The plaintiff's account was kept against the steamboat Kate Ward and owners ; commenced April 19, 1849, and closed December 18th, 1850 ; aggregate charges $4,004 83 : credits $1,928 94 ; then due $2,075 89. Besides charges in ordinary form as for goods sold and delivered to the defendant, there were charges as follows : June 15,1849, cash to Mate, $2 ; one pair pants to Brown, $2 ; one pair pants to Armstead, $2 ; cash $65. June 21, 1849, amt. paid your order in favor of John F.…
1Opinion of the CourtWheeler, J.
The only question presented by the record, which is deemed to require notice, is as to the admissibility of evidence, and its sufficiency to support the verdict. It cannot be doubted that it was competent to permit the witness, Mitchell, to testify as to the correctness of the plaintiff’s account, to the extent of his information and knowledge of the subject. And it is not perceived that there was any impropriety in the course adopted by the Court to elicit the information and knowledge he possessed. Having been the principal clerk and book-keeper, he was certainly competent to testify…
2Cited by1 opinion
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