Milburn & Co. v. Davis & Tatnall
Supreme Court of Georgia
Action on contract. Before Judge Sweat. Glynn superior court. December term, 1891. Davis & Tatnall, stevedores, sued Milburn & Company, owners of the steamship Tiverton, for services in storing cotton in the vessel. A verdict in favor of the plaintiff's was rendered. The defendants excepted to the allowance of an amendment to the declaration, and to the denial of a new trial.
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Action on contract. Before Judge Sweat. Glynn superior court. December term, 1891. Davis & Tatnall, stevedores, sued Milburn & Company, owners of the steamship Tiverton, for services in storing cotton in the vessel. A verdict in favor of the plaintiff's was rendered. The defendants excepted to the allowance of an amendment to the declaration, and to the denial of a new trial. The declaration alleged, that plaintiffs were engaged by one Symmons to store and place on board the vessel a cargo of compressed cotton to be transported from Brunswick to Liverpool, which agreement was not in writing;…
1Opinion of the Court
*362 Judgment reversed.
After one of the plaintiff's had been introduced as a witness and his testimony partly delivered, the plaintiffs offered an amendment, alleging that, having entered into the contract with Symmons and he having failed and refused to pay for the loading of the cotton, the plaintiffs declined to go on further with the loading of the vessel; whereupon the master of the vessel entered into a contract with them whereby to enable him to carry out his contract of loading and to earn his freight money, and to avoid demurrage and delay, he agreed for and on behalf of the ship-owners,…
2Cited by6 opinions
- Lambert v. Georgia Power Co.Supreme Court of Georgia · 1936
- Lamar v. Lamar, Taylor & Riley Drug Co.Supreme Court of Georgia · 1903
- Poss v. HardinSupreme Court of Georgia · 1935
- Sweat v. HendleySupreme Court of Georgia · 1905
- Council v. WilsonCourt of Appeals of Georgia · 1924
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