Carter & Martin v. Carter
Court of Appeals of Georgia
Complaint; from city court of Dublin — -Judge Hawkins. March 12, 1909. Carter & Martin, a firm composed of H. C. Carter and J. W. Martin, brought suit upon an open account for $4,272.94 against J. W. Carter. The defense was payment. At the conclusion of the plaintiffs evidence the court granted a nonsuit; and this judgment is the error assigned.
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Complaint; from city court of Dublin — -Judge Hawkins. March 12, 1909. Carter & Martin, a firm composed of H. C. Carter and J. W. Martin, brought suit upon an open account for $4,272.94 against J. W. Carter. The defense was payment. At the conclusion of the plaintiffs evidence the court granted a nonsuit; and this judgment is the error assigned. The undisputed evidence shows that the account sued upon was for the purchase-price of a turpentine business owned by the firm of Carter & Martin and sold by them to the defendant. H. C. Carter made the sale for the firm, and it was agreed that J. W.…
1Opinion of the CourtHill, C. J.
(After stating the foregoing facts.)
Under the undisputed evidence, it is clear that the plaintiff failed to show any right of recoverjq except as to the $1,100. The two debts of $128.10 and $109.40 which the defendant paid for the firm of Carter & Martin, although they may have been the individual debts of H. O. Carter, were nevertheless included in the list of the debts of the firm which H. C. Carter, for the firm, had made out and delivered to the defendant, to be paid by him out of the purchase-price of the turpentine business. The defendant having been thus authoritatively informed by H.…
2Cases cited5 opinions
- Skipper v. StateSupreme Court of Georgia · 1877
- Christian v. Macon Railway & Light Co.Supreme Court of Georgia · 1904
- Harlow v. Rosser, Scurry & Co.Supreme Court of Georgia · 1859
- Wise v. Copley, Stone & Co.Supreme Court of Georgia · 1867
- Bank of LaGrange v. CotterSupreme Court of Georgia · 1897
3Cited by2 opinions
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- Southern Railway Co. v. WessingerCourt of Appeals of Georgia · 1924