Shealy & Brother v. Clark
Supreme Court of Georgia
Complaint. Before Judge Littlejohn. Macon superior court. January 28, 1903. Heywood Clark sued A. E. Shealy & Brother, to recover the value of 3,711 pounds of cotton, alleging as follows: He rented a plantation to M. B. Gilmore, for the year 1901, for 10,000 pounds of cotton, the same to be due on October 1, 1901; this contract being in terms like one that had obtained in the preceding year.
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Complaint. Before Judge Littlejohn. Macon superior court. January 28, 1903. Heywood Clark sued A. E. Shealy & Brother, to recover the value of 3,711 pounds of cotton, alleging as follows: He rented a plantation to M. B. Gilmore, for the year 1901, for 10,000 pounds of cotton, the same to be due on October 1, 1901; this contract being in terms like one that had obtained in the preceding year. The defendants were merchants, and they furnished to Gilmore supplies to run the farm during both years. Gilmore was the father-in-law of A. E. Shealy. The rent of 1900 had been paid to plaintiff’s agent…
1Opinion of the CourtCobb, J.
This case comes before us upon assignments of error complaining of the overruling of a demurrer and the refusal to grant a new trial. Applying the principle laid down in the case of Saulsbury v. McKellar, 59 Ga. 301, the petition set forth a cause of action. The fact that in that case Saulsbury had in his possession cotton which he knew was subject to a special lien for rent in favor of McKellar, and that McKellar had sued out or was about to sue out a distress warrant and levy the same thereon, would not prevent the principle ruled in that case from applying in a case like the present, where…
2Cases cited4 opinions
- Coleman v. AllenSupreme Court of Georgia · 1888
- Couch v. DavidsonSupreme Court of Alabama · 1895
- Taylor v. FelderCourt of Appeals of Texas · 1893
- Saulsbury, Respess & Co. v. McKellarSupreme Court of Georgia · 1877