Saulsbury, Respess & Co. v. McKellar
Supreme Court of Georgia
Evidence. Landlord and tenant. Contracts. Liens. Before Judge Hill. Bibb Superior Court. October Adjourned Term, 1876. McKellar brought assumpsit against Saulsbury, Respess & Co., alleging, in substance, as follows: He rented a certain plantation in Bibb county to P. M. and W. H. Curry, and took a rent note for $200.00, to be paid out of the proceeds of the first cotton gathered.
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Evidence. Landlord and tenant. Contracts. Liens. Before Judge Hill. Bibb Superior Court. October Adjourned Term, 1876. McKellar brought assumpsit against Saulsbury, Respess & Co., alleging, in substance, as follows: He rented a certain plantation in Bibb county to P. M. and W. H. Curry, and took a rent note for $200.00, to be paid out of the proceeds of the first cotton gathered. From the cotton raised on the place, the Currys carried six bales to defendants to be sold on commission in the usual manner, which was done. Plaintiff’s lien for rent (due and unpaid) of the.place had attached…
1Opinion of the Court
Jackson, Judge.
McKellar sued Saulsbury, Respess & Co., in assumpsit, on an implied promise on the part of the defendants, to pay him the value of certain cotton on which he had a lien, the same having been raised on land which McKellar had rented to certain tenants by the name of Curry, and which the defendants had converted to their own use, after notice of plaintiff’s lien, and alleging that they received the cotton subject to said lien.
The defendants iffeaded the general issue, and denied all notice of the lien. The jury, on this issue, found for the plaintiff, when the defendants moved…
2Cases cited5 opinions
- Maxwell v. HarrisonSupreme Court of Georgia · 1850
- Georgia Railroad & Banking Co. v. GarrSupreme Court of Georgia · 1876
- Worrill v. BarnesSupreme Court of Georgia · 1876
- Wood v. McGuireSupreme Court of Georgia · 1854
- Smith v. CoxSupreme Court of Georgia · 1856
3Cited by4 opinions
- Doughty v. McMillanSupreme Court of Georgia · 1894
- Shealy & Brother v. ClarkSupreme Court of Georgia · 1903
- Soluble Pacific Guano Co. v. HarrisSupreme Court of Georgia · 1886
- Stokes v. GillisSupreme Court of Georgia · 1888