Legal Opinion

Taylor v. Tucker

Supreme Court of Georgia

Decided July 15, 1846No. 32PublishedCited by 8 opinions

This was an action brought by the defendant in error against the plaintiff in error, predicated upon an open account for lumber, and was tried before Judge Warren, in the Superior Court of the county of Randolph, at April Term, 1846. For the facts and circumstances of the case, and the matters of error alleged, see the decision of the Supreme Court.

1Opinion of the Court

By the Court

Nisbet, Judge.

This was an action of assumpsit, brought by the defendant in error against the plaintiff, to recover a bill of lumber. A bill of particulars was appended to plaintiff’s writ, which was admitted in evidence as his original entries, being first proven to be such by the oath of plaintiff, and proof being had also that the plaintiff was in the habit of keeping correct accounts. The lumber was delivered, it seems, in part by a person who swore that he kept memoranda of his sales, and reported them to the plaintiff; the plaintiff swearing that a part of the entries made in…

2Cases cited2 opinions

  1. Vosburgh v. ThayerNew York Supreme Court · 1815
  2. Faxon v. HollisMassachusetts Supreme Judicial Court · 1816

3Cited by8 opinions

  1. Loveman, Joseph Loeb v. McQueenSupreme Court of Alabama · 1919
  2. Shirley v. Southern Ry. Co.Supreme Court of Alabama · 1916
  3. W. T. Rawleigh Company v. OverstreetCourt of Appeals of Georgia · 1944
  4. Navarre Et Ux. v. HoneaSupreme Court of Oklahoma · 1914
  5. Crump v. Bank of ToccoaCourt of Appeals of Georgia · 1930

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