Bower v. Douglass
Supreme Court of Georgia
Complaint, from Randolph county. Tried before Judge Kiddoo, May Term, 1S58. Kirksey and Bower were- partners, and after they had dissolved, Kirksey converted an open account against the fina into a liquidated demand, by signing the name of the firm under seal to a note in favor of Hendrick & Hunger ford. This note fell into the possession and control of Hendrick, who sued Kirksey and Bower upon it.
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Complaint, from Randolph county. Tried before Judge Kiddoo, May Term, 1S58. Kirksey and Bower were- partners, and after they had dissolved, Kirksey converted an open account against the fina into a liquidated demand, by signing the name of the firm under seal to a note in favor of Hendrick & Hunger ford. This note fell into the possession and control of Hendrick, who sued Kirksey and Bower upon it. Upon the trial, defendant’s counsel moved to dismiss said •cause as to Bower, on the ground that it appeared, from the declaration, that the instrument sued ou was under seal, and executed and…
1Opinion of the Court
By the Court.
McDonald. J.
delivering the opinion.
[1.] The motion to dismiss the case was made before any proofs were submitted to the Court and jury, and was predicated on what appeared in the declaration. The note' is a sealed note, and is signed with the firm name, but it does not appear by whom it was signed, whether by Kirksey or Bower; nor does it appear in the declaration that both partners Were not present, assenting to it. We axe of the opinion of the presiding Judge in the Court below, that the cause ought not to have been dismissed.
[2.] If, when a party to a suit-is introduced as a…
2Cases cited1 opinion
- Humphries v. ChastainSupreme Court of Georgia · 1848
3Cited by9 opinions
- Southern Cotton Oil Co. v. RainesSupreme Court of Georgia · 1930
- Lanier v. LeeCourt of Appeals of Georgia · 1965
- Lanier v. LeeCourt of Appeals of Georgia · 1965
- Hawkins v. HodgesSupreme Court of Georgia · 1958
- Carroll v. YeartyCourt of Appeals of Georgia · 1960
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