Ozburn v. Morris & Co.
Court of Appeals of Georgia
Certiorari; from Fulton superior court—Judge Bell. October 2, 1917. ' . ' " .Morris & Company sued Ozburn, doing business as C. P; Ozburn & Company, on an open account, and he'filed a plea of set-off, alleging that he had, with the consent of the local manager of Morris & Company, ordered a car of tomatoes in the name of Morris & Company, and that when the tomatoes arrived Morris. ,& Company refused to turn the car over to him, and, instead of this, paid'for them'and…
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Certiorari; from Fulton superior court—Judge Bell. October 2, 1917. ' . ' " .Morris & Company sued Ozburn, doing business as C. P; Ozburn & Company, on an open account, and he'filed a plea of set-off, alleging that he had, with the consent of the local manager of Morris & Company, ordered a car of tomatoes in the name of Morris & Company, and that when the tomatoes arrived Morris. ,& Company refused to turn the car over to him, and, instead of this, paid'for them'and accepted, the shipment. Ozburn claimed that Hogg, former local manager of Morris & Company, had agreed to turn over the…
1Opinion of the CourtHarwell, J.
(After stating the foregoing facts.) It is insisted by Morris & Company that the local manager, Hogg, had no authority to lend the name and credit of the company for accommodation to another. It is- insisted that if, when the shipment arrived, Ozburn had declined to accept the tomatoes in the event of a decline in price, Morris'& -Company -would have been bound to accept *326and pay for them. The merchandise was ordered in the name of Morris & Company, and if the agreement between Hogg, the local agent of Morris &. Company, and Ozburn was binding on Morris & Company, the transaction amounted to…
2Cases cited12 opinions
- National Park Bank v. German-American Mutual Warehousing & Security Co.New York Court of Appeals · 1889
- Exchange Bank v. ThrowerSupreme Court of Georgia · 1903
- Lauchheimer & Sons v. JacobsSupreme Court of Georgia · 1906
- Nat. Park Bk. v. . G.A.M.W. S. Co.New York Court of Appeals · 1889
- Gibbs v. LandSupreme Court of Georgia · 1911
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- Taylor v. JonesCourt of Appeals of Georgia · 1971
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