Lawson v. Dixie Feed & Seed Co.

I was doubtful when I agreed to the original opinion in this case and I am now convinced that I was in error in so doing. The account sued upon and alleged was a joint account against the defendants, Lawson and Thurmond. Under these circumstances, the plaintiff, in order to be entitled to recover, must prove that both the defendants owed the account sued upon, or some part thereof. Harriman v. First Bryan Bapt. Church, 63 Ga. 186 (36 AR 117); Bank of Dalton v. Heartsill, 22 Ga. App. 166 (95 SE 751); Cox v. Henry, 113 Ga. 259, 261 (38 SE 856); Rogers v. Burr, 105 Ga. 432 (31 SE 438, 70 ASR…