Neel v. Morris
Supreme Court of Georgia
Equity. Partners. Contribution. Debtor and Creditor. Before Judge Brown. Cobb County. At Chambers. May 16, 1884. W. H. Huguley sued Morris & Tumlin as partners. Tumlin pleaded nul tiel partnership. The facts will be found fully reported in 65 Oa.% 666, where it was held that Tumlin was a partner, or else the principal and Morris the agent, and that Tumlin was liable to the plaintiff.
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Equity. Partners. Contribution. Debtor and Creditor. Before Judge Brown. Cobb County. At Chambers. May 16, 1884. W. H. Huguley sued Morris & Tumlin as partners. Tumlin pleaded nul tiel partnership. The facts will be found fully reported in 65 Oa.% 666, where it was held that Tumlin was a partner, or else the principal and Morris the agent, and that Tumlin was liable to the plaintiff. After recovery by the plaintiff, Tumlin having died and his estate having been placed in the hands of a receiver, the latter paid off th&fi.fa. and caused it to be levied on certain property of Morris, for…
1Opinion of the Court
Hall, Justice.
An execution obtained against Tumlin & Morris, jointly, was paid off by Tumlin and levied by him upon Morris’s property for contribution. The relation these parties bore to each other was that of partners, or principal and agent, Tumlin being principal and Morris agent. 65 Ga., 666. This bill was brought to arrest the levy by injunction^ which was ordered by the chancellor, and upon this order error is assigned, and this writ of error is prosecuted to reverse it. It is undeniably true that equity has jurisdiction over matters of account growing out of privity of contract, or…
2Cases cited1 opinion
- Huguley v. Morris & TumlinSupreme Court of Georgia · 1880
3Cited by5 opinions
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- Mathewson v. ReedSupreme Court of Georgia · 1919
- Higdon v. WilliamsonCourt of Appeals of Georgia · 1912
- Watkins v. WoodberySupreme Court of Georgia · 1918
- Bennett v. SmithSupreme Court of Georgia · 1899