Wooten & Co. v. Nall
Supreme Court of Georgia
Assumpsit, in Spalding Superior Court. Tried before Judge Starice, November Term, 1854. This was an action of assumpsit, brought by Archibald M.'. Nall, against Addison A. Wooten and Hugh P. Kirpatrick, upon the following promissory notes : “ Griffin, February 16th, 1852. One day after date, we or either of us, promise to pay A. M. Nall or bearer, Nine Hundred and Ninety Dollars for value received. A. A. WOOTEN.”
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Assumpsit, in Spalding Superior Court. Tried before Judge Starice, November Term, 1854. This was an action of assumpsit, brought by Archibald M.'. Nall, against Addison A. Wooten and Hugh P. Kirpatrick, upon the following promissory notes : “ Griffin, February 16th, 1852. One day after date, we or either of us, promise to pay A. M. Nall or bearer, Nine Hundred and Ninety Dollars for value received. A. A. WOOTEN.” “ Griffin, February 16th, 1852. By the 25th day of May next, we or either of us, promise to pay A. M. Nall or bearer, One Thousand and Seven. Dollars for value received. A. A.…
1Opinion of the Court
The Court not being unanimous, delivered their opinions seriatim.
By the Court.
Lumpkin, J.
delivering the opinion.
Considering the declaration as substantially a suit against "Wooten & Kirkpatrick, as co-partners, ayo affirm the judgment of the Court bcloAA, in over-ruling the demurrer to the writ, upon the ground of duplicity.
[l.] It seems that Kirkpatrick had become security for Wooten, to-one Henley Yarner, for fifteen hundred dollars; and to indemnify Kirkpatrick against liability or loss, Wooten executed to him an instrument in AYriting, to the effect, that the two last instalments due to…
2Cases cited2 opinions
- Garlock v. GeortnerNew York Supreme Court · 1831
- Jordan v. WilkinsU.S. Circuit Court for the District of Pennsylvania · 1811
3Cited by18 opinions
- Cushman v. ColemanSupreme Court of Georgia · 1894
- Austin v. ApplingSupreme Court of Georgia · 1891
- Burson v. ShieldsSupreme Court of Georgia · 1925
- Ware v. StateSupreme Court of Georgia · 2000
- Francis v. Dickel & Co.Supreme Court of Georgia · 1881
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