Chastain v. Worrill

69 Ga. 288

• Court: Supreme Court of Georgia
• Decided: October 10, 1882
• Status: Published

Opinion

JACKSON, Chief Justice.

This suit was brought on an account for balance due by the defendant to the plaintiff.

The only proof of the account disclosed by the record is a receipt given by plaintiff in his life-time, and found in defendant’s pocket-book after his death, which is as follows : “Received of B. S. Worrill the sum of ten dollars on the balance that B. S. Worrill owes L. S. Chastain in a settlement of all the claims'that L. S. Chastain has in said partnership of Worrill & Chastain, the same being $150.00. February 3, 1880. L. S. Chastain.”

This receipt is in the hand-writing of Chastain, the plaintiff, so that the only evidence of the account for the balance ($140.00) sued for is the fact that this receipt given by plaintiff was found in possession of defendant; and the question is whether this evidence is such proof of that balance as to require a verdict for the plaintiff, the jury having found for defendant, and a motion being made for a new trial.

It is doubtful whether that evidence, without more, would support a verdict; certainly it does not require it.

Judgment affirmed.