Jonathan Collins & Son v. Bullard
Supreme Court of Georgia
Negotiable instruments. Contracts. Attorney. Evidence. Verdict. Amendment. Practice in the Superior Court. Before Judge Hill. Bibb Superior Court.
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Negotiable instruments. Contracts. Attorney. Evidence. Verdict. Amendment. Practice in the Superior Court. Before Judge Hill. Bibb Superior Court. April Term, 1876. Bullard brought complaint against Collins & Son as acceptors and indorsers, and Collins, Flanders & Company as indorsers, on the following acceptance: “ $1,582 23. Macon, Georgia, April 5th, 1872. “ Seven months after date please pay to the order of ourselves $1,587 23, for value received in provisions, as an advance on my present growing crop of cotton, all of which ..... hereby promise to deliver to you, at your warehouse, in…
1Opinion of the Court
Bleckley, Judge.
1. In the matter of counsel fees, we find it impossible to distinguish this case, in principle, from that of Rodgers vs. Hamilton, 49 Georgia Reports, 604. If that case was correctly ruled, the fees are not recoverable.
2. The dismissal of a suit in a court of record is provable by the record. Until it be shown that a transcript cannot be obtained, no inferior evidence is admissible to show the existence of the suit, or what became of it, where these questions are directly in issue, as in'the present case.
3. It was not improper to amend the verdict, under the circumstances…
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