Truitt-Silvey Hat Co. v. Callaway & Truitt
Supreme Court of Georgia
Action on contract. Before Judge Pendleton. Fulton superior •court. ‘ January 25, 1907. The petition alleged substantially as follows: The plaintiffs, a partnership composed of E. C. Callaway and Alfred Truitt, under "the firm name of Callaway & Truitt, were formerly engaged in the business of selling hats, but on October 10, 1902, were succeeded in business by the defendant, the Truitt-Silvey Hat Company, a corporation, which bought the stock of goods, fixtures, etc., of…
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Action on contract. Before Judge Pendleton. Fulton superior •court. ‘ January 25, 1907. The petition alleged substantially as follows: The plaintiffs, a partnership composed of E. C. Callaway and Alfred Truitt, under "the firm name of Callaway & Truitt, were formerly engaged in the business of selling hats, but on October 10, 1902, were succeeded in business by the defendant, the Truitt-Silvey Hat Company, a corporation, which bought the stock of goods, fixtures, etc., of Callaway & Truitt, the latter retaining only their bills and accounts receivable. At the time of the change in business…
1Opinion of the CourtBeck, J.
(After stating the facts.)
1. The court did not err in overruling the defendant’s general demurrer and in refusing to dismiss the case. Paragraph 7 of the petition was as follows: “Contemporaneously with the extension of said credit insurance as aforesaid, defendant entered into a written contract with plaintiffs touching the credit insurance under both of said bonds of indemnitj’-, said contract being dated Dec. 31, 1902, and a true copy thereof hereto attached and made part of this petition, marked Exhibit A.” Upon general demurrer to the petition it might be assumed that the authority to…
2Cited by32 opinions
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- Prudential Insurance Co. of America v. PerryCourt of Appeals of Georgia · 1970
- Freeman v. MartinCourt of Appeals of Georgia · 1967
- Brown v. Five Points Parking CenterCourt of Appeals of Georgia · 1970
- Cole v. CatesCourt of Appeals of Georgia · 1966
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