Morris & Co. v. Maddox
Supreme Court of Georgia
Complaint on note. Before Judge Van Epps. City court of Atlanta. March term, 1895. J. J. & J. E. Maddox sued E. S. Morris & Co., a partnership composed of E. S. Morris and N. W. Murphey, upon a promissory note for $639,50, dated June 2, 1893, due thirty days after date, signed “E. S. Morris & Co.,” the consideration therein expressed being “value received.”
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Complaint on note. Before Judge Van Epps. City court of Atlanta. March term, 1895. J. J. & J. E. Maddox sued E. S. Morris & Co., a partnership composed of E. S. Morris and N. W. Murphey, upon a promissory note for $639,50, dated June 2, 1893, due thirty days after date, signed “E. S. Morris & Co.,” the consideration therein expressed being “value received.” Morris pleaded, that at the time of the execution of the note the firm of E. S. Morris & Co. had been out of business six or seven months, had ceased to buy and sell, and no longer had an office. The note was given by Murphey without the…
1Opinion of the Court
Lumpkin, Justice.
1. It is well known tbat every mercantile partnership needs cash in tbe conduct of its business. "Without money such a concern could not transact business at all, and it is perfectly obvious tbat tbe necessity of borrowing must frequently arise. It follows that a member of such a part*581nership has, generally, the right to contract, in the partnership name, for a loan of money. It is usual in such a case to give a promissory note, and. the partner conducting the transaction has the authority to sign the name of the firm to such note. Very often security is required; and in that…
2Cases cited1 opinion
- Robinson & Co. v. StevensSupreme Court of Georgia · 1894
3Cited by19 opinions
- Trammell v. ShirleyCourt of Appeals of Georgia · 1928
- Huckabee v. GraceCourt of Appeals of Georgia · 1934
- Brown v. WilsonCourt of Appeals of Georgia · 1937
- Smoot v. StateSupreme Court of Georgia · 1916
- Bowens v. StateSupreme Court of Georgia · 1899
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