(Download) "Guy v. State" by In the Court of Appeals of the State of Mississippi # Book PDF Kindle ePub Free
eBook details
- Title: Guy v. State
- Author : In the Court of Appeals of the State of Mississippi
- Release Date : January 22, 2005
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 50 KB
Description
Sales — Assignments — Trial by Referee — Findings — When Conclusive on Appeal — Variance — When Immaterial — Corporations — Evidence — Books of Account. Sales — Assignments — Variance as to Amounts "Advanced" and Amounts "Paid" — Immateriality. 1. Where, in an action to recover on claims assigned to plaintiff, the complaint alleged that the assignors had "advanced" given amounts for merchandise delivered at defendants special instance and request, but the proof showed that the assignor, a driver for the business house which furnished the goods and refused to extend credit to defendant, either paid the amount due the employer or had it charged to his account, the variance, if any, was immaterial and could not have misled defendant. Non-suit — Improper Procedure in Equity Suit or in Action Tried Without Jury. 2. While a motion for non-suit is proper practice in an action at law, it has no application in a suit in equity or in an action tried without a jury. Trial by Court — Findings — When not Disturbed on Appeal — Record on Appeal. 3. Where the rule that in equity cases and cases of an equitable nature (including those at law tried without a jury) the testimony presented in the record on appeal must appear in question and answer form is violated, greater reliance must be placed by the supreme court upon the trial courts findings than would otherwise be necessary, and in such case the findings will not be disturbed unless the evidence preponderates against them. Trial by Referee — Findings Akin to Special Verdict of Jury — When Findings not to be Disturbed on Appeal. 4. The findings of a referee must be accorded the same dignity as the special verdict of a jury; hence where there is substantial evidence in the record on appeal to support them they will not be disturbed unless the evidence is so inherently impossible or improbable as not to be entitled to belief, in which case a question of law and not of fact is presented. Sales — Assignments — Evidence — Sufficiency to Sustain Findings of Referee — Corporations. 5. In an action by the assignee of various claims against a corporation tried by a referee, evidence held to support the referees findings, adopted by the trial court, that defendant was indebted as alleged, and that one of plaintiffs assignors who as an officer of Page 242 the corporation had handled corporate funds had not converted such funds to his own use. Evidence — Books of Account — Admissibility of Oral Testimony. 6. Books of account are regarded as a species of secondary evidence; the fact that certain entries were made therein does not preclude the testimony of a person having knowledge of the facts and able to testify to them from memory. Corporations — President of Corporation not Barred from Maintaining Action to Recover Money Advanced in Payment of Debt of Corporation. 7. The fact that one who is president of a corporation does not carry the implication that he may not demand payment of an honest debt due him from the corporation, nor, unless he gained an advantage thereby, that he dealt with it in bad faith; but where the corporation was in financial difficulties and he advanced his own funds to keep it functioning, he was entitled to recover them back.