Rolfe v. Rolfe
Supreme Court of Georgia
Assumpsit, &c. in Talbot Superior Court. Tried before Judge Iverson, March Term, 1851. This was an action of assumpsit, &c. brought by Lucius Rolfe against Richard W. Rolfe, upon an account for services rendered as a clerk and a miller. Defendant pleaded “ accord and satisfaction ” and “ set-off.”
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Assumpsit, &c. in Talbot Superior Court. Tried before Judge Iverson, March Term, 1851. This was an action of assumpsit, &c. brought by Lucius Rolfe against Richard W. Rolfe, upon an account for services rendered as a clerk and a miller. Defendant pleaded “ accord and satisfaction ” and “ set-off.” In the progress of the trial, defendant introduced Jackson Fields as a witness, and proved that in July, 1849, plaintiff told him (witness) that he “ had just got a note from defendant; said nothing as to its consideration, nor about a settlement; said something about having sold defendant a mare.”…
1Opinion of the Court
By the Court.
Warner, J.
delivering the opinion.
The first objection to the decision of the Court below, is the admission of the latter part of the testimony of Jackson Fields, a witness introduced by defendant, to prove the declarations of plaintiff, who, on his cross-examination stated, that “ if the defendant would pay him what he owed him, he could carry on his business without borrowing money.” This was a part of the same conversation, as that to which the witness testified on his direct examination, and we think it was properly admitted in evidence, on that ground.
With regard to the…
2Cited by11 opinions
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- Baldarachi v. LeachCalifornia Court of Appeal · 1919
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