Martin v. Lamb & Co.
Supreme Court of Georgia
Promissory Notes. Principal and Agent. Parties. Pleadings. Amendment. Yerdict. Before Judge Simmons. Pulaski Superior Court. November Term, 1886. Suit was brought by “Jas. Martin, Agent Etiwan Phosphate Company, for the use of the Etiwan Phosphate Company,” against J. M. Lamb & Company, a firm composed of J. M. Lamb and W. B. Whiddon, on a promissory note signed by the firm and payable “ to the order of Jas. Martin, agent of Etiwan Phosphate Company.”
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Promissory Notes. Principal and Agent. Parties. Pleadings. Amendment. Yerdict. Before Judge Simmons. Pulaski Superior Court. November Term, 1886. Suit was brought by “Jas. Martin, Agent Etiwan Phosphate Company, for the use of the Etiwan Phosphate Company,” against J. M. Lamb & Company, a firm composed of J. M. Lamb and W. B. Whiddon, on a promissory note signed by the firm and payable “ to the order of Jas. Martin, agent of Etiwan Phosphate Company.” The defendants pleaded that they were not indebted, because they had paid part of the debt and had turned over to plaintiffs’ attorney notes…
1Opinion of the Court
Bleckley, Chief Justice.
There was a note by Lamb & Co., payable to Martin, agent of the Etiwan Phosphate Company. On that note a suit was brought in the name of Martin, agent, for the use of the Etiwan Phosphate Company. A verdict was had for the plaintiff. A motion for a new trial was made on several grounds; among them one of newly discovered evidence, which was that Martin was dead. He was dead, not only at the time the trial was had and the verdict rendered, but at the time the action was brought. The fact was established by affidavits on the hearing of the motion for a new trial. It…
2Cases cited6 opinions
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- Stancel v. PuryearSupreme Court of Georgia · 1877
- McLewis v. FurgersonSupreme Court of Georgia · 1877
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3Cited by23 opinions
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