Haber-Blum-Bloch Hat Co. v. Friesleben
Court of Appeals of Georgia
Action on contract, from city court of Macon — Judge Hodges.. March 21, 1908. Friesleben sued the hat company for the breach of a contract of employment as a traveling salesman at $115 per month, payable: monthly, the employment extending from October 1, 1903, to October 1, 1904, and alleged that in the latter part of the month of May, the defendants “dispensed with his .services, — in effect discharging him, — thereby committing a breach of said contract.”' The hat company…
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Action on contract, from city court of Macon — Judge Hodges.. March 21, 1908. Friesleben sued the hat company for the breach of a contract of employment as a traveling salesman at $115 per month, payable: monthly, the employment extending from October 1, 1903, to October 1, 1904, and alleged that in the latter part of the month of May, the defendants “dispensed with his .services, — in effect discharging him, — thereby committing a breach of said contract.”' The hat company pleaded that they were adjudicated bankrupts: on May 27 and discharged on August 5. Th.e pleadings and evidence made the…
1Opinion of the CourtPowell, J.
(After stating the foregoing facts.)
Friesleben’s claim for salary from June to September inclusive was not discharged in bankruptcy, unless it was a provable debt. Whether it was a provable debt within the meaning of the national bankruptcy act is a question of serious doubt; but we do not think it is necessary to decide it. We are of the opinion that since the bankrupts appeared before the referee and urged that these damages were not provable, and obtained an intimation or ruling from the referee to that effect, in which Friesleben acquiesced, to his prejudice in that court, it does not now…
2Cases cited6 opinions
- Davis v. WakeleeSupreme Court of the United States · 1895
- Philadelphia, Wilmington & Baltimore Railroad v. HowardSupreme Court of the United States · 1852
- Luther v. ClaySupreme Court of Georgia · 1897
- Waldrop v. WolffSupreme Court of Georgia · 1902
- Vaughn v. StricklandSupreme Court of Georgia · 1899
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3Cited by15 opinions
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- Council v. HixonCourt of Appeals of Georgia · 1912
- In Re Madison. Appeal of MarronNew Mexico Supreme Court · 1927
- Mayor of Savannah v. MonroeCourt of Appeals of Georgia · 1918
- Hughes v. FieldSupreme Court of Georgia · 1933
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