Standard Cooperage Co. v. O'Neill
Supreme Court of Georgia
Complaint. Before Judge Wright. Chattooga superior court. September 29, 1915. J. H. O’Neill, trustee in bankruptcy of the Standard Supply and Hardware Company, brought suit on an open account against the Standard Cooperage Company. A verdict was directed for the full amount of the account in favor of the plaintiff. The defendant excepted.
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Complaint. Before Judge Wright. Chattooga superior court. September 29, 1915. J. H. O’Neill, trustee in bankruptcy of the Standard Supply and Hardware Company, brought suit on an open account against the Standard Cooperage Company. A verdict was directed for the full amount of the account in favor of the plaintiff. The defendant excepted. Ficklen, the manager of the plaintiff company, testified that the account was correct, and that all proper credits had been allowed, and that the account sued for was the balance due. He swore that be saw Scoggins in Eome and discussed on several occasions…
1Opinion of the CourtGilbert, J.
(After stating the foregoing facts.) There was no denial that the defendant bought and received, at the price stated, each and every item of the account sued on. The only defense was that the account had been closed by note, and that the note was discounted at a named bank. There was no demurrer to *237the answer. Scoggins, a witness for the defense, swore that only a portion of the account was closed by note, while the witness Treadaway swore that the manager of the creditor company admitted that “he had just closed the account by note; . . discounted it at the State Bank.” No such note was…
2Cases cited3 opinions
- Sanders Manufacturing Co. v. Dollar Savings BankSupreme Court of Georgia · 1900
- Norton v. Paragon Oil Can Co.Supreme Court of Georgia · 1896
- Belmont Farm v. Dobbs Hardware Co.Supreme Court of Georgia · 1906
3Cited by8 opinions
- Blackshear Manufacturing Co. v. HarrellSupreme Court of Georgia · 1940
- Hiatt v. EdwardsCourt of Appeals of Georgia · 1935
- Motor Contract Division of Trusco Finance Co. v. Southern Cotton Oil Co.Court of Appeals of Georgia · 1947
- Alexander-Seewald Co. v. QuestaCourt of Appeals of Georgia · 1970
- Schneider Marble Co. v. KnightCourt of Appeals of Georgia · 1928
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