Welker v. Wallace
Supreme Court of Georgia
Assumpsit, in Fulton Superior Court. Tried before-Judge Bule, at the April Term, i860. This was an action brought by Charles E. Welker, against Alexander M. Wallace, as the surviving partner of Wallace & Robinson, to recover the sum of three hundred and sixty-five dollars, with interest, alleged to be due to the plaintiff, from said defendant, as survivor of the said firm.
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Assumpsit, in Fulton Superior Court. Tried before-Judge Bule, at the April Term, i860. This was an action brought by Charles E. Welker, against Alexander M. Wallace, as the surviving partner of Wallace & Robinson, to recover the sum of three hundred and sixty-five dollars, with interest, alleged to be due to the plaintiff, from said defendant, as survivor of the said firm. On the trial, the plaintiff proved that William C. Robinson, deceased, was one of the late firm of Wallace & Robinson, of which the defendant was the survivor, and after proving that the same was in the handwriting of the…
1Opinion of the Court
By the Court. —
Eyon, J.,
delivering the opinion.
The judgment of nonsuit was improperly awarded. If it be true, as the evidence intimates, that the money of the plaintiff, in the hands of Robinson, the deceased partner, as the agent of the plaintiff, was applied by him in the business of the firm, the defendant is liable, whether he knew at. the time or not, that the money belonged to the plaintiff. Collier on Partnership, §39I. Richardson vs French, 4 Metcalf, 577.
This is not a case where money has been lent to one partner on the credit of such partner alone, and, therefore, not within the…
2Cited by2 opinions
- Cunningham v. Woodbridge & HarrimanSupreme Court of Georgia · 1886
- Gilruth v. DecellMississippi Supreme Court · 1894