Palmetto Mfg. Co. v. Parker & Anderson
Supreme Court of Georgia
Complaint. Before Judge O’Steen. City court of Douglas. September 27, 1904. The Palmetto Manufacturing Company sued Parker & Anderson, a mercantile copartnership, alleging in its petition as follows: The defendant firm is indebted to plaintiff in the sum of $202.63. On February 16, 1903, and March 13, 1903, plaintiff sold two bills of merchandise to J. M. Parker, aggregating $202.63. Thereafter J. M. Parker sold his entire mercantile business to Parker & Anderson, at which…
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Complaint. Before Judge O’Steen. City court of Douglas. September 27, 1904. The Palmetto Manufacturing Company sued Parker & Anderson, a mercantile copartnership, alleging in its petition as follows: The defendant firm is indebted to plaintiff in the sum of $202.63. On February 16, 1903, and March 13, 1903, plaintiff sold two bills of merchandise to J. M. Parker, aggregating $202.63. Thereafter J. M. Parker sold his entire mercantile business to Parker & Anderson, at which time it was agreed between Parker and Parker & Anderson that the defendants were to assume and pay all indebtedness that…
1Opinion of the CourtCobb, J.
“ Where a creditor, his debtor, and a third person who owes the debtor agree in parol that such third person shall be substituted for the debtor and that the latter shall be released, the case is not within the statute of frauds, so as to require the agreement to be in writing, but the debt is extinguished as to the debtor, and the third person becomes, by substitution, the debtor in his place.” Sapp v. Faircloth, 70 Ga. 690. See also, to the same effect, Brown v. Harris, 20 Ga. 403; Harris v. Young, 40 Ga. 65; Anderson v. Whitehead, 55 Ga. 277; Steadwell v. Morris, 61 Ga. 101; Ferst v. Bank…
2Cases cited7 opinions
- Davis v. TiftSupreme Court of Georgia · 1883
- Ferst's Sons & Co. v. Bank of WaycrossSupreme Court of Georgia · 1900
- Anderson v. Whitehead, Eggleston & Co.Supreme Court of Georgia · 1875
- Brown v. HarrisSupreme Court of Georgia · 1856
- Harris & Price v. YoungSupreme Court of Georgia · 1869
2 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Sans Souci v. DIVISION OF FLORIDA LAND, ETC.District Court of Appeal of Florida · 1982
- Coldwell Co. v. CowartSupreme Court of Georgia · 1912
- Federal Deposit Insurance v. ThompsonCourt of Appeals of Georgia · 1936
- Klag v. Home Insurance Co.Court of Appeals of Georgia · 1967
- Taylor Lumber Co. v. Clark Lumber Co.Court of Appeals of Georgia · 1925
21 more not listed; retrieve them via the Exa API.