Tommey & Stewart v. Ellis
Supreme Court of Georgia
Set-off in Equity. Before”Judge Green. Newton Superior Court. March Term, 1870. The bill of Tommey & Stewart against Ellis was filed on the 15th of December, 1869, and made this case: Tommey and. Stewart, as partners, A. D. Hammett and G. J. Orr, were partners in the lumber business, under the style of Hammett, Orr & Company. In the latter part of 1865, Orr, on behalf of said firm, contracted with Ellis for timber to be delivered at their mill, to be sawed on shares.
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Set-off in Equity. Before”Judge Green. Newton Superior Court. March Term, 1870. The bill of Tommey & Stewart against Ellis was filed on the 15th of December, 1869, and made this case: Tommey and. Stewart, as partners, A. D. Hammett and G. J. Orr, were partners in the lumber business, under the style of Hammett, Orr & Company. In the latter part of 1865, Orr, on behalf of said firm, contracted with Ellis for timber to be delivered at their mill, to be sawed on shares. In September, 1866, Tommey & Stewart bought out Orr’s interest in the mill and its appurtenances, and the assets o.f the firm,…
1Opinion of the Court
By the Court—
BROWN, C. J.,
delivering the opinion.
• The bill in this case shows that Hammett is insolvent and that Tommey and Stewart had purchased Orr’s interest in the partnership business, and had given him an obligation to indemnify him against all the debts of the company. Tommey and Stewart are, in fact, therefore, the real parties at interest, and the parties who must pay the judgment in favor of Ellis against the firm of Hammett, Orr '&■ Company.
They averred in their bill that they held judgments against Ellis and another, for a larger sum than the amount of his judgment against them,…
2Cited by9 opinions
- Hecht v. Snook & Austin Furniture Co.Supreme Court of Georgia · 1902
- Williams v. LancasterSupreme Court of Georgia · 1901
- Langston v. RobySupreme Court of Georgia · 1882
- Crandall v. ShepardSupreme Court of Georgia · 1928
- Quitman Cooperage Co. v. Peoples First National BankSupreme Court of Georgia · 1933
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