Keaton v. Davis
Supreme Court of Georgia
Assumpsit, &c. in Dougherty Superior Court. Tried before Judge Perkins, June Term, 1855. Jesse M. Davis sued Benjamin O. Keaton for fifty dollars, as money paid out for him, viz: in paying for medical services-rendered to the son of Keaton, boarding with Davis. Upon the trial, plaintiff below offered the depositions of the physician, proving the amount paid and the services rendered.
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Assumpsit, &c. in Dougherty Superior Court. Tried before Judge Perkins, June Term, 1855. Jesse M. Davis sued Benjamin O. Keaton for fifty dollars, as money paid out for him, viz: in paying for medical services-rendered to the son of Keaton, boarding with Davis. Upon the trial, plaintiff below offered the depositions of the physician, proving the amount paid and the services rendered. He stated: “ I cannot attach the account, as then made, in separate items; I cannot find my account of it as-then made; I suppose it has been destroyed, as most of my other papers have been relating to my…
1Opinion of the Court
By the Court.
Starnes, J.
delivering the opinion.
[1.] The first objection made in this case, is sufficiently answered by the statement of the witness, that his book or memorandum of the account had been destroyed,, as he supposed ; and, therefore, he could not produce it, or append a list of the items.
[2.] The next objection has more force. According to the petition, the amount sued for was¡ paid for medicine, medical services, &c. supplied by Dr. Dunfon to the son of the plain*459tiff in error. It appears that this son was boarding with the defendant in orror, and was seize.d with illness while…
2Cited by4 opinions
- Lufkin v. HarveySupreme Court of Minnesota · 1915
- Huffman v. HatcherCourt of Appeals of Kentucky · 1917
- McLean v. JacksonCourt of Appeals of Georgia · 1912
- Geiger v. WorthCourt of Appeals of Georgia · 1915