Miller v. Watt & Walker
Supreme Court of Georgia
Husband and Wife. Principal and Agent. Debtor and Creditor. Practice in Supreme Court. Before Judge Willis. Chattahoochee Superior Court. September Term, 1882. Watt & Walker brought suit against J. W. Miller and his wife, Sallie E. Miller, on an open account for groceries,. etc. Defendants pleaded the general-issue. At the trial, plaintiffs amended their declaration by striking the name of J. W. Miller and leaving the suit'to stand against Sallie E. alone.
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Husband and Wife. Principal and Agent. Debtor and Creditor. Practice in Supreme Court. Before Judge Willis. Chattahoochee Superior Court. September Term, 1882. Watt & Walker brought suit against J. W. Miller and his wife, Sallie E. Miller, on an open account for groceries,. etc. Defendants pleaded the general-issue. At the trial, plaintiffs amended their declaration by striking the name of J. W. Miller and leaving the suit'to stand against Sallie E. alone. The evidence for the plaintiffs was, in brief, as follows: The goods were sold to J. W. Miller, and credit given to him. They had sold…
1Opinion of the Court
Jackson, Chief Justice.
This suit was brought originally against husband and wife. The husband’s name was stricken, and the suit proceeded against Mrs. Miller alone. It was founded on an open account for goods sold, and a verdict was returned for the plaintiffs for the amount of the account. Whereupon Mrs. Miller moved for a new trial; and error is assigned here on the denial of that motion.
*3871. The credit was given to the husband, but without knowledge, on the part of plaintiff, that -the goods were for the plantation of the wife. The proof is that the husband acted as agent of the wife in her…
2Cases cited1 opinion
- Wylly v. S. Z. Collins & Co.Supreme Court of Georgia · 1851
3Cited by6 opinions
- Pinkston v. Cedar Hill Nursery & Orchard Co.Supreme Court of Georgia · 1905
- Kingsberry Homes v. FindleySupreme Court of Georgia · 1978
- Barrington v. Davis Jenkins & SonsCourt of Appeals of Georgia · 1932
- Fisher v. DarseyCourt of Appeals of Georgia · 1918
- Holbrook v. Hodgson Cotton Co.Supreme Court of Georgia · 1905
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