Stamps & Co. v. Fruit Dispatch Co.
Court of Appeals of Georgia
Complaint; from city court of Floyd county — Judge Hamilton. May 23, 1910. The Fruit Dispatch Company, a corporation, sued Stamps & Company, a partnership, on an open account for $396.48, besides interest, for a mixed car-load of cocoanuts and bananas. At the conclusion of the evidence the trial judge directed a verdict in favor of the plaintiif, for the full amount sued for.
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Complaint; from city court of Floyd county — Judge Hamilton. May 23, 1910. The Fruit Dispatch Company, a corporation, sued Stamps & Company, a partnership, on an open account for $396.48, besides interest, for a mixed car-load of cocoanuts and bananas. At the conclusion of the evidence the trial judge directed a verdict in favor of the plaintiif, for the full amount sued for. The defendant’s motion for a new trial, which was overruled; contains, besides the general grounds, two special assignments of error, the first of which complains of the ruling of the court in admitting in evidence, over…
1Opinion of the CourtHill, C. J.
(After stating the foregoing facts.)
1. It may be conceded that the testimony as to the order given by the plaintiff to the defendants over the telephone from Atlanta to Rome was, strictly speaking, hearsay, but certainly it is not of “the rankest kind of hearsay evidence,” as contended by the learned counsel for the plaintiffs in error. Taking the evidence all together, it is not without some probative value. It shows that the person testifying, — Gordon, the manager of the Fruit Dispatch Company, —recognized the voice of Stamps, the, senior member of the firm of Stamps & Company, who desired…
2Cases cited1 opinion
- Planters Cotton Oil Co. v. Western Union Telegraph Co.Supreme Court of Georgia · 1906
3Cited by5 opinions
- Easterling v. BellCourt of Appeals of Georgia · 1923
- Stewart v. FisherCourt of Appeals of Georgia · 1916
- Myers v. BrownCourt of Appeals of Georgia · 1946
- Sulunias Banana Co. v. Fruit Dispatch Co.Court of Appeals of Georgia · 1916
- Fruit Dispatch Co. v. ManosSupreme Court of Georgia · 1916