McCarthy v. Nixon Grocery Co.
Supreme Court of Georgia
Certiorari. Before Judge Hammond. Richmond superior court. October 19, 1905. Suit was brought in a justice’s court, on an open account for groceries, etc., in which there was claimed, as a balance due, $14.28 principal, and $20.67, interest. The defendant admitted that he owed the plaintiff $10.38, principal, but denied that he owed interest. The interest charged in the account appears to have been computed on the basis of sales “on thirty days time.”
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Certiorari. Before Judge Hammond. Richmond superior court. October 19, 1905. Suit was brought in a justice’s court, on an open account for groceries, etc., in which there was claimed, as a balance due, $14.28 principal, and $20.67, interest. The defendant admitted that he owed the plaintiff $10.38, principal, but denied that he owed interest. The interest charged in the account appears to have been computed on the basis of sales “on thirty days time.” The president of the plaintiff company (the sole witness for the plaintiff) testified, that “groceries sold by his company are sold on thirty…
1Opinion of the CourtAtkinson, J.
1. “Where a sale of goods has been made, in the absence of proof of either contract or custom concerning payment therefor, the presumption is that the amount is payable on delivery.” Morris v. Root, 65 Ga. 686; Civil Code, § 3550.
2. Originally the code provided that “All accounts of merchants, tradesmen, and mechanics, which by custom become due at the end of the year, bear interest from that time upon the amount actually due whenever ascertained.” Code of 1863, § 2030. By the act of 1873 (Acts 1873 p. 22) the words “all others” were inserted after the word “mechanics.” But this left the…
2Cases cited1 opinion
- Morris v. RootSupreme Court of Georgia · 1880
3Cited by13 opinions
- Curtis v. College Park Lumber Co.Supreme Court of Georgia · 1916
- Morgan v. Colt Co.Court of Appeals of Georgia · 1925
- Rice-Stix Dry Goods Co. v. Friedlander Bros.Court of Appeals of Georgia · 1923
- Deariso v. MobleyCourt of Appeals of Georgia · 1928
- Howard Supply Co. v. BunnSupreme Court of Georgia · 1907
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