Goodson v. Cooley
Supreme Court of Georgia
Assumpsit, in Newton Superior Court. Tried before Judge Starke, September Term, 1855. This was an action brought by three of the Goodsons, to-wit: Cordy, Joseph and John B. against Bryant Cooley.
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Assumpsit, in Newton Superior Court. Tried before Judge Starke, September Term, 1855. This was an action brought by three of the Goodsons, to-wit: Cordy, Joseph and John B. against Bryant Cooley. The declaration stated that Cooley had bought from oneKing a stock of horses and vehicles, for which he gave his note for $8.000; that he engaged plaintiffs to keep a livery stable, on an agreement that if they would manage it and pay off the note held by said King-, that said stock should belong to them; that they had gone on and paid $1,200 by their care and labor in said livery stable, and were…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
A non-suit was awarded by the Court in this case on three grounds:
[1.] Because the facts proven constituted a partnership between the plaintiffs and defendant; and consequently, an action at Law did not lie. 2. That if they did not, the defendant would be considered, in Equity, as the security of the plaintiff; and therefore, if King had not proceeded to foreclose the mortgage when directed by Cooley, Cooley would have been released from the debt; and lastly, that in the absence of any evidence, showing at what time the plaintiffs were to pay for…
2Cited by1 opinion
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