F. W. Sims & Co. v. Humber
Supreme Court of Georgia
New Trial. Before Judge Schley. Chatham Superior Court. May Adjourned Term, 1869. Humber brought case against F. W. Sims & Company, factors and commission merchants, averring that on the 23d of December, 1867, he shipped to them, at Savannah, forty-five bales of cotton, with instructions not to sell it. until ordered by him to do so, and that they sold it without such order, to his damage, etc.
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New Trial. Before Judge Schley. Chatham Superior Court. May Adjourned Term, 1869. Humber brought case against F. W. Sims & Company, factors and commission merchants, averring that on the 23d of December, 1867, he shipped to them, at Savannah, forty-five bales of cotton, with instructions not to sell it. until ordered by him to do so, and that they sold it without such order, to his damage, etc. On the trial, the shipment of the cotton, its receipt and sale, and that cotton afterwards rose in price, etc., were shown. The point of contest was as to giving the order to hold it as averred. Humber…
1Opinion of the CourtWarner, J.
The error assigned to the judgment of the Court below, is in granting a new ■ trial in the case, on the ground that the verdict is contrary to the evidence and the weight of the evidence. The evidence as exhibited by the record, is conflicting in regard to the main question in controversy between the parties. According to the repeated rulings of this Court, the presiding Judge has no legal power or authority to set aside the verdict of the jury, on the ground that it is contrary to the evidence and the weight of the evidence where the evidence is conflicting, unless the verdict is decidedly…
2Cited by2 opinions
- Clower & Culpepper v. WynnSupreme Court of Georgia · 1877
- West v. John W. Wheatley & Co.Supreme Court of Georgia · 1877