Wheatley & Co. v. West
Supreme Court of Georgia
Pleadings. New Trial. Practice in the Superior Court. Charge of Court. Before Judge Crisp. Sumter Superior Court. April Term, 1878. West brought complaint against Wheatley & Co., alleging that they received from him, in the fall of 1869 and spring of 1870, certain cotton, to be shipped to New York and sold on his account, they undertaking to account to him for the proceeds of sale after deducting expenses and commissions ; that the cotton was held in New York until May,…
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Pleadings. New Trial. Practice in the Superior Court. Charge of Court. Before Judge Crisp. Sumter Superior Court. April Term, 1878. West brought complaint against Wheatley & Co., alleging that they received from him, in the fall of 1869 and spring of 1870, certain cotton, to be shipped to New York and sold on his account, they undertaking to account to him for the proceeds of sale after deducting expenses and commissions ; that the cotton was held in New York until May, 1871, when it was sold by order of plaintiff; that the proceeds, $7,000.00, after deducting expenses and commissions, were…
1Opinion of the Court
Bleckley, Justice.
1, 2, 3, 4. The numerous points made, down to the delivery of the charge of the court, and in respect to the contents of the charge itself, are insufficient to shake the judgment. The declaration sets forth a cause of action. The agreement of the parties put out of the case all questions of fact, except the controversy in regard to the right of the defendants to appropriate a certain part of the money to a debt due them from the plaintiff’s brother. They made the appropriation: if with right, they are protected ; *407if without right, the plaintiff ought to recover. The charge…
2Cases cited1 opinion
- Campbell v. MillerSupreme Court of Georgia · 1868
3Cited by13 opinions
- State v. ArmstrongOregon Supreme Court · 1903
- McRae v. BoykinCourt of Appeals of Georgia · 1935
- Fitzgerald v. StateCourt of Appeals of Georgia · 1950
- Boykin v. McRaeSupreme Court of Georgia · 1936
- Homer v. StateCourt of Appeals of Georgia · 1909
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