Byrne v. Doughty & Beall
Supreme Court of Georgia
Assumpsit, in NeAYton Superior Court. Tried before Judge Starke. September Term, 1852. This Ayas an action of assumpsit, brought by Doughty & Beall against Richard Byrne, for the recovery of eleven hundred and five dollars and forty-six cents, advanced by the plaintiffs for the defendant.
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Assumpsit, in NeAYton Superior Court. Tried before Judge Starke. September Term, 1852. This Ayas an action of assumpsit, brought by Doughty & Beall against Richard Byrne, for the recovery of eleven hundred and five dollars and forty-six cents, advanced by the plaintiffs for the defendant. On the trial, much evidence was submitted to the Jury, from which it appears, that in the latter part of the year 1850, Thomas E. Jones sold to Byrne, the defendant, a lot of forty-two bales of cotton, for which Byrne paid him all the purchase money, except $1078.50. The cotton was forwarded to the…
1Opinion of the Court
*49 By the Court.
Nisbet, J.
delivering, the opinion.
[1.] The exceptions are to the instructions of the Court to the Jury, and to the refusal of the Court to instruct as requested by the plaintiff in error, who was defendant below. A new trial was also moved, and refused, and exceptions taken. The evidence (a large portion of which is not found in the Reporter’s brief, and indeed was not required to be there,) shows that the defendants in error, Messrs. Doughty & Beall, commission merchants in the City of Augusta, during the winter of 1850, and spring of 1851, were the factors of Byrne, the…
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