Sample v. Lipscomb
| Decision Date | 31 August 1855 |
| Docket Number | No. 97.,97. |
| Citation | 18 Ga. 687 |
| Parties | Uziah C. Sample, administrator, et al. plaintiffs in error. vs. Harriet Lipscomb, administratrix, defendant in error. |
| Court | Georgia Supreme Court |
Assumpsit, in Troup Superior Court, Tried before Judge Bull, May Term, 1855.
This was an action of assumpsit, brought by Harriet Lipscomb, administratrix of Nathan Lipscomb, against Uziah C. Sample, administrator of Wm. M. Sample, deceased, and James A. Sample, on the following note:
The defendants, among other things, pleaded, "that in the year 1849, a partnership was formed and entered into by Nathan Lipscomb, William M. and James A. Sample, to run a steam saw-mill, and that this note sued on was a partnership transaction; that the partnership affairs had not been settled, no account ever having been taken; and further, that the said Lipscomb paid this note sued on, into the partnership concern, as a part payment of his one third part of the expenses in erecting said mill and running the same, which he agreed and promised to furnish and advance."
On the trial, Counsel for plaintiff offered the note in evidence and closed his case.
The Counsel for defendant then offered in evidence articles of agreement and partnership, for the erection and running of a steam saw and grist-mill, between Nathan Lipscomb, William M. and James A. Sample, dated the 1st day of November, 1849, in which, among other things, it was stipulated, that the said Lipscomb " agreed that the notes given him by William M. and James A. Sample, for two thirds of five hundred acres of timber, shall be shoved off at or on the best terms they can be, and the money is to pay said Lipscomb's one third part of the expenses in the mills; said Lipscomb does not bind himself to pay any more money for the erectionof said mills than what may be got for the said notes on William M. and James A. Sample, " &c.
To the introduction of this paper, Counsel for plaintiff objected; and it was submitted to the Court whether, under any state of facts involved in the case or presented by the pleas, it could be evidence. The Court sustained the objection, and Counsel for defendants exc...
To continue reading
Request your trial
-
Whitley v. Gwinnett County
...fact or circumstance serving to elucidate or throw light upon the issue being tried, constitutes proper evidence in the case.' Sample v. Lipscomb, 18 Ga. 687. 'Where the competency of evidence is doubtful, it should go to the jury, that they may consider how far its force is impaired by sur......
-
Central of Georgia Ry. Co. v. Brower, 39287
...fact or circumstance serving to elucidate or throw light upon the issue being tried, constitutes proper evidence in the case.' Sample v. Lipscomb, 18 Ga. 687(1). See A.A.A. Highway Exp. v. Hagler, 72 Ga.App. 519, 34 S.E.2d The gist of the defendant's objection concerns the weight, credit an......
-
A. A. A. Highway Exp. v. Hagler
...fact or circumstance serving to elucidate or throw light upon the issue being tried, constitutes proper evidence in the case.' Sample v. Lipscomb, 18 Ga. 687. 'Where the competency of evidence is doubtful, it go to the jury, that they may consider how far its force is impaired by surroundin......
-
Bond v. State, 38999
...fact or circumstance serving to elucidate or throw light upon the issue being tried, constitutes proper evidence in the case.' Sample v. Lipscomb, 18 Ga. 687(1). The testimony touched upon the issues. Though its admission was doutful, it was admissible for whatever probative value, if any, ......