Dent v. King & Coombs ex rel. King
Supreme Court of Georgia
This was an action of indebitatus assumpsit, brought by the defendants in error against the plaintiff in error, in the Inferior Court of the County of Chatham, to recover $350, for so much money paid by them for his use — being a suit for contribution. The plaintiff in error by his attorneys pleaded the general issue, and a.so a plea of set off.
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This was an action of indebitatus assumpsit, brought by the defendants in error against the plaintiff in error, in the Inferior Court of the County of Chatham, to recover $350, for so much money paid by them for his use — being a suit for contribution. The plaintiff in error by his attorneys pleaded the general issue, and a.so a plea of set off. The defendants in error recovered in the Inferior Court, from which an appeal was taken, and at May Term, 1846, of the Superior Court of the County of Chat-ham, the case was tried on the appeal, before Judge Fleming and by a special jury. The facts of…
1Opinion of the Court
*202 By the Court
N.isbet, Judge.
The firm of King and Coombs, the defendants in error, and James P. Dent, the plaintiff, were interested, as part owners of the steamer Charles Downing. There were also a number of owners besides. King and Coombs were- the agents of the company owning the steamer. She, requiring repairs, one Willink was employed to repair her ; and having received a part of his pay, detained the boat for the balance. In this state of the case, King and Coombs and James P. Dent agreed in writing to pay the amount due Willink. A part of this balance being paid, Willink sued King…
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