Buckner v. Lee
Supreme Court of Georgia
Assumpsit, in Houston. Decision by Judge Stark, at October Adjourned Term, 1849 — January, 1850. Henry M. Buckner brought this suit, on a note for $282, (signed by William H. Lee, alone,) against James A. Everitt and William H. Lee, charging them as partners.
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Assumpsit, in Houston. Decision by Judge Stark, at October Adjourned Term, 1849 — January, 1850. Henry M. Buckner brought this suit, on a note for $282, (signed by William H. Lee, alone,) against James A. Everitt and William H. Lee, charging them as partners. It appeared that Lee was a blacksmith, and he and Everitt agreed, that Everitt was to put in with Lee, some negroes to work with him in his shop ; that Lee was to “furnish all supplies, pay all expenses, and give Everitt one-half the net proceeds, for the use of the negroes.” It did not appear that Everitt furnished any tools or…
1Opinion of the Court
By the Court.
Nisbet, J.
delivering the opinion.
The presiding J udge non-suited the plaintiff, upon the ground that there was not evidence adduced, in support of his action, sufficient to carry it to the Jury.
[1.] The action was brought to recover a sum of money, alleged to be due by Lee and Everitt, as partners in the blacksmith’s business. In support of his action, the plaintiff proved, that Everitt and Leo entered into an agreement, by virtue of which, Lee was to take Everitt’s negroes, work them in the shop, furnish all supplies, pay all expenses, and give Everitt one-half of the net…
2Cases cited6 opinions
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- Jaques v. MarquandNew York Supreme Court · 1826
- Graeff v. HitchmanSupreme Court of Pennsylvania · 1836
- Church v. SparrowNew York Supreme Court · 1830
- Thorn v. SmithNew York Supreme Court · 1839
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3Cited by15 opinions
- Davis v. TurnerCourt of Appeals for the Fourth Circuit · 1903
- Brandon & Dreyer v. ConnerSupreme Court of Georgia · 1903
- Slade & Etheridge v. PaschalSupreme Court of Georgia · 1881
- Powell v. Moore, Marsh & Co.Supreme Court of Georgia · 1887
- Citizens National Bank v. JenningsCourt of Appeals of Georgia · 1926
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