Ford v. Clark
Supreme Court of Georgia
Partnership. Statute of Limitations. Before Judge Fain. Catoosa Superior Court. February Term, 1885. Ford brought suit, on September 29,1884, against Clark, as administrator of John D. Gray, deceased, on an open account, due in 1870. To prevent the bar of the statute of limitations from attaching, it was alleged that, in 1873, suit was brought on the account against-John D. Gray, Allen Kennedy and Charles Chamberlin, as partners, plaintiff believing that the latter two were…
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Partnership. Statute of Limitations. Before Judge Fain. Catoosa Superior Court. February Term, 1885. Ford brought suit, on September 29,1884, against Clark, as administrator of John D. Gray, deceased, on an open account, due in 1870. To prevent the bar of the statute of limitations from attaching, it was alleged that, in 1873, suit was brought on the account against-John D. Gray, Allen Kennedy and Charles Chamberlin, as partners, plaintiff believing that the latter two were partners of the former in the purchase of the articles on which the account was based; that Chamberlin, being a…
1Opinion of the Court
Blandford, Justice.
The precise question is this : If one sues a partnership, and is non-suited, can an action be re-commenced against one of the partners individually within six months after such non-suit, so as to prevent the statute of limitations from attaching, under section 2932 of the Code ? That section enacts that, “ If a plaintiff shall be non-suited, or shall discontinue or dismiss his case, and shall re commence within six months, such renewed action shall stand on the same footing as to limitation with the original case. . . .”
We are satisfied that a suit against a partnership…
2Cited by7 opinions
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- Doody Co. v. JeffcoatSupreme Court of Georgia · 1907
- Holmes v. HuguleySupreme Court of Georgia · 1911
- Southern Flour & Grain Co. v. SimmonsCourt of Appeals of Georgia · 1934
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