Legal Opinion

Hollister Bros. v. Bluthenthal & Bickart

Court of Appeals of Georgia

Decided March 15, 1911No. 2814PublishedCited by 16 opinions

1Opinion of the CourtHill, C. J.

1. Where a firm is sued on a partnership contract, and the individual members of the firm are designated and personally served, and will therefore be bound by the judgment against the firm, it is unnecessary to join with the partnership, as defendants, the individual members thereof as joint contractors, although to do so is not improper.

2. Paragraph 7 of the petition alleged facts pertinent and germane to the suit, and should not have been stricken.

3. Where the original petition sets forth a cause of action, it is error to refuse to allow an amendment which only amplifies the allegations.…

2Cases cited1 opinion

  1. Sibley v. American Exchange National BankSupreme Court of Georgia · 1895

3Cited by16 opinions

  1. Co-Op Mortgage Investments Associates v. PendleyCourt of Appeals of Georgia · 1975
  2. First National Bank v. FarsonNew York Court of Appeals · 1919
  3. Burgess v. SimmonsSupreme Court of Georgia · 1950
  4. Bernhardt v. Federal Terra Cotta Co.Court of Appeals of Georgia · 1919
  5. Atlanta Warehouses, Inc. v. Housing Auth. of AtlantaCourt of Appeals of Georgia · 1977

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