Fulton Auto Supply Co. v. Sullivan
Supreme Court of Georgia
Equitable petition. Before Judge Wright. Floyd superior court. May 29, 1917. The Fulton Auto Supply Company brought a suit in equity against the Eome Motor Car Company, a domestic trading corporation, and A. E. Sullivan. The case made by the petition as amended was, in effect, as follows: The defendants were indebted to the plaintiff $385.23 principal, besides interest, “upon an open account,” a copy of which was attached as an exhibit to the petition.
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Equitable petition. Before Judge Wright. Floyd superior court. May 29, 1917. The Fulton Auto Supply Company brought a suit in equity against the Eome Motor Car Company, a domestic trading corporation, and A. E. Sullivan. The case made by the petition as amended was, in effect, as follows: The defendants were indebted to the plaintiff $385.23 principal, besides interest, “upon an open account,” a copy of which was attached as an exhibit to the petition. Sullivan, under the name of the Eome Motor Car Company, conducted a business until May 12, 1911. On that date a charter was granted…
1Opinion of the Court
'Fish, C. J.
(After stating the foregoing facts.) It appears from the petition, and the copy of the account thereto attached as an exhibit, that there was an account of many items, beginning with December, 1910, and ending with June 29, 1911, upon which was due a balance of $20.73. In view of the allegations of the petition it is clear that the defendant, Sullivan, contracted that portion of the account while he was doing business as an individual under the name of the Eome Motor Car Company, prior to its incorporation, and that he was liable for the same in this suit. The Eome Motor Car…
2Cases cited4 opinions
- Burns v. Beck & Gregg Hardware Co.Supreme Court of Georgia · 1889
- Tatum v. LeighSupreme Court of Georgia · 1911
- Ellis v. Pullman & Co.Supreme Court of Georgia · 1895
- Lamar v. AllisonSupreme Court of Georgia · 1897
3Cited by6 opinions
- Hatch v. Morosco Holding Co.Court of Appeals for the Second Circuit · 1931
- Regal Textile Company v. FeilSupreme Court of Georgia · 1940
- Garcin v. CommissionerUnited States Board of Tax Appeals · 1931
- Abeken v. United StatesDistrict Court, E.D. Missouri · 1939
- Segal v. DavisSupreme Court of Minnesota · 1926
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