Whigham v. Fountain
Supreme Court of Georgia
Complaint. Before Judge Martin. Pulaski superior court. June 24, 1908. Wbigham brought an action against Fountain, as surviving partner of Fountain & Hendley.
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Complaint. Before Judge Martin. Pulaski superior court. June 24, 1908. Wbigham brought an action against Fountain, as surviving partner of Fountain & Hendley. The material substance of tbe petition was: Plaintiff, on November 1, 1904, placed with Fountain & Hendley, for storage in their warehouse, ten bales of cotton of' designated numbers and weights, upon which they advanced to. him $360, plaintiff leaving with them in pledge and to secure such advances the warehouse receipts for the cotton, it being expressly-agreed between the plaintiff and such firm that the cotton was not to be sold to…
1Opinion of the CourtFish, C. J.
(After stating the facts.) One of the grounds of the motion for a new trial was, that the court erred in charging-the jury as follows: “A warehouseman is a depositary for hire; and if you believe from the evidence that Whigham, the plaintiff,, deposited this cotton with the warehousemen, the defendants, and drew a certain sum of money on it, and that it was to be and remain there as security for the money borrowed, then the plaintiff' would have no right to bring an action to recover the cotton until he had paid these advances, and all storage charges, or tendered the same.” The court erred…
2Cases cited7 opinions
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- Halliday v. Bank of Stewart CountySupreme Court of Georgia · 1900
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