Chapman v. H. C. Mitchell & Co.
| Decision Date | 30 June 1870 |
| Citation | 41 Ga. 102 |
| Court | Georgia Supreme Court |
| Parties | WALKER & CHAPMAN, plaintiffs in error. v. H. C. MITCHELL & COMPANY, defendants in error. |
Continuance. Evidence. Before Judge Johnson. Muscogee Superior Court. November Term, 1869.
H. C. Mitchell and Robert M. Gunby, partners under the style of H. C. Mitchell & Company sued Woolfolk Walker and Henry A. Chapman, partners, under the style of Walker & Chapman, upon an open account for $1,757 78, for goods sold and delivered. No credits appeared upon their bill of particulars. The plea was payment in full, without specifying how or when. When the cause was called defendants moved for a continuance on the following grounds, supported by the oath of said Walker: That before the Court he had delivered to plaintiffs a draft for $500 00, drawn by Walker & Chapman, and accepted by Gray, Bedell & Hughes, which was to be applied as part payment of said account, that said Gunby endorsed said draft, deponent had paid it and delivered it to his attorneys; that they had searched for it and could not find it; that if deponent had it, it was locked up in his mother's iron safe, and that she was in New Orleans, and he could not open the safe; that, had he not believed his attorneys had it, he would have searched said safe for it. Further he said he had delivered to one of plaintiff's attorneys a memorandum of said acceptors, by which he could identify said draft, and that said attorney had promised to bring it into Court, but had failed to do so. The continuance was refused.
One of the plaintiffs testified to the correctness of their account, and they closed. Walker then testifiedthat he delivered to plaintiffs four drafts, for $500 00 each, and each*accepted by Gray, Bedell & Hughes, one drawn by Walker & Chapman, and the other by himself, for Mrs. C. M. Walker; and that the one drawn by his firm was to be applied to said account, and the others to Mrs. Walkers\' account; that he acted as agent for Mrs. Walker, and for his firm, and made said arrangement with said Gunby, and that no credit had been given for said drafts.
In rebuttal, Gunby testified that Walker made the arrangement with him as to purchasing said goods, and delivered to him two or three drafts, of $500 00 each, two drawn by Walker & Chapman, and that he then and there "credited the accounts of Walker, as he directed, giving the particular account credit, as directed by Walker." In surrebutter, defendants offered in evidence the...
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Brown v. Wilson
...but which tends somewhat to illustrate it, and to aid the jury in arriving at the truth of the matter, should be admitted. Walker & Chapman v. Mitchell, 41 Ga. 102. The rule in this state is to admit evidence which is of doubtful relevancy. Augusta Factory v. Barnes, 72 Ga. [217] 218, ; Dal......
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Williams v. Young
...but which tends somewhat to illustrate it and to aid the jury in arriving at the truth of the matter should be admitted. Walker & Chapman v. Mitchell, 41 Ga. 102.' Talbotton R. Co. v. Gibson, 106 Ga. 229, 236 (32 S.E. 151). And see Continental Trust Co. v. Bank of Harrison, 36 Ga.App. 149, ......
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St. Louis, Iron Mountain & Southern Railway Co. v. Buckner
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Smith v. Davis
...but which tends somewhat to illustrate it, and to aid the jury in arriving at the truth of the matter, should be admitted.' Walker v. Mitchell, 41 Ga. 102. 'The right of cross-examination, thorough and shall belong to every party as to the witnesses called against him.' * * * Code,§ 38-1705......