Ellis & Co. v. Mills & Gibb
Supreme Court of Georgia
Complaint on account. Before Judge Boss. City court of Macon. December term, 1895. Mills & Gibb brought suit againt John Ellis and h'is wife as partners composing the firm of John Ellis & Co., upon an account for goods sold to them between September 20th and November 23, 1892. After the introduction of evidence a motion for nonsuit was made, upon the ground that it appeared that defendants were husband and wife, that husband and wife could not form a partnership under the…
Read the full summary
Complaint on account. Before Judge Boss. City court of Macon. December term, 1895. Mills & Gibb brought suit againt John Ellis and h'is wife as partners composing the firm of John Ellis & Co., upon an account for goods sold to them between September 20th and November 23, 1892. After the introduction of evidence a motion for nonsuit was made, upon the ground that it appeared that defendants were husband and wife, that husband and wife could not form a partnership under the laws of Georgia, and that Mrs. Ellis was not bound in law for the payment of the debt sued on. Upon the overruling of this…
1Opinion of the Court
Atkinson, Justice.
So much of the record as is necessary to an understanding of the questions of law made in this case is stated in the official report.
1. The proposition as to whether a husband and wife in this State can lawfully become partner’s in the conduct of a mercantile business was settled by this court in the case of Burney v. Savannah Grocery Company, which was decided during the present term. 98 Ga. 111. The well reasoned opinion of Justice Lumpkin delivered in that case renders unnecessary any additional examination of that question.
2. IJpon the trial of the cause, the plaintiffs…
2Cases cited1 opinion
- Jackson v. BennettSupreme Court of Georgia · 1896
3Cited by9 opinions
- Vizard v. MoodySupreme Court of Georgia · 1904
- Bacon v. BaconSupreme Court of Georgia · 1925
- Pressley v. StateSupreme Court of Georgia · 1949
- Battle v. BraswellSupreme Court of Georgia · 1899
- Butler v. FrankCourt of Appeals of Georgia · 1910
4 more not listed; retrieve them via the Exa API.