Perry v. Butt & Banks
Supreme Court of Georgia
Complaint, in Muscogee Superior Court. Tried before Judge Iverson, August Term, 1853. Butt & Banks sued William Perry, on a promissory note, 'for $419. The defendant pleaded, as a set-off, an account for the board of Oliver P. Tillinghast, alleging that he was a partner of the firm of Butt & Banks.
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Complaint, in Muscogee Superior Court. Tried before Judge Iverson, August Term, 1853. Butt & Banks sued William Perry, on a promissory note, 'for $419. The defendant pleaded, as a set-off, an account for the board of Oliver P. Tillinghast, alleging that he was a partner of the firm of Butt & Banks. Much evidence was introduced upon the question of partnership, and some evidence to show that the firm had previously acquiesced in an agreement between Tillinghast and Perry, that such set-off should be allowed. In the course of the investigation, plaintiff’s counsel asked a witness “ if it was…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
Suit was brought in Muscogee county,-by John II. Butt and Willis Banks, merchants and partners doing business under the firm name of Butt & Banks, against William Perry, on a note of hand for $419, J-Aj.
[1.] On the trial, the plaintiffs read the note and there closed eheir case. The defendant introduced, as a witness, Alfred White, who testified that he acted as clerk for the .firm of Butt & Banks, during the time said firm did business; that Oliver P. Tillinghast was also in the store and sold goods-for cash and on a credit, and also bartered…
2Cases cited1 opinion
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