Legal Opinion

Mackenzie v. Flannery & Co.

Supreme Court of Georgia

Decided November 21, 1892PublishedCited by 19 opinions

Landlord’s lien. Equitable plea. Auditor’s report. Jury trial. Practice. Amendment. Interest and usury. Discount. Cotton factor. Evidence. Damage. Auditor’s fee. Partnership. Before Judge Roney. Burke superior court. May term, 1892.

1Opinion of the Court

Simmons, Justice.

On September 22, 1890, John Flannery & Co. filed their affidavit to foreclose a landlord’s special lien against J. H. Mackenzie for supplies furnished, amounting to $1,819.68. To the execution issued upon this affidavit, the defendant interposed a counter-affidavit upon the ground that the plaintiffs had no lien against him as landlords. On October 4, 1890, the defendant filed also an equitable defence, in which he alleged, among other things, that in 1887 he did business with the plaintiffs as his commission merchants, they furnishing him large amounts of money and he…

2Cases cited5 opinions

  1. Cogswell v. . N.Y., N.H. H.R.R. Co.New York Court of Appeals · 1887
  2. Goldthwait v. DayMassachusetts Supreme Judicial Court · 1889
  3. Poullain v. BrownSupreme Court of Georgia · 1888
  4. Wyatt v. SweetMichigan Supreme Court · 1882
  5. Bergman v. Manhattan Railway Co.The Superior Court of the City of New York and Buffalo · 1891

3Cited by19 opinions

  1. Austin v. Southern Home Building & Loan Ass'nSupreme Court of Georgia · 1905
  2. Patton v. Bank of LaFayetteSupreme Court of Georgia · 1906
  3. Union Savings Bank & Trust Co. v. DottenheimSupreme Court of Georgia · 1899
  4. Metropolitan Casualty Insurance Co. of New York v. HuhnSupreme Court of Georgia · 1928
  5. Holton v. LankfordSupreme Court of Georgia · 1939

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