Legal Opinion

Bracken & Ellsworth v. Dillon & Sons

Supreme Court of Georgia

Decided September 15, 1879PublishedCited by 17 opinions

Evidence. Partnership. Contracts. Set-off. Practice in the Superior Court. Before Judge Mbksiion. Glynn Superior Court. May Term, 1879. The following, taken in connection with the opinion, sufficiently reports this case : Dillon & Sons, who were merchants, brought complaint on an open account against Bracken & Ellsworth, partners in a saw mill.

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Evidence. Partnership. Contracts. Set-off. Practice in the Superior Court. Before Judge Mbksiion. Glynn Superior Court. May Term, 1879. The following, taken in connection with the opinion, sufficiently reports this case : Dillon & Sons, who were merchants, brought complaint on an open account against Bracken & Ellsworth, partners in a saw mill. The account embraced a variety of items; among others payments of drafts and accounts, and for cash, and also the following: “Sept. 30, 1871 A.mt. P. “ “ Bracken & Haslam, do ... 283.84. “ “ P. J. Bracken, do ... 122.05.” Defendants pleaded the general…

1Opinion of the Court

Jackson, Justice.

This suit was brought on an open account by the plaintiffs against the defendants as partners. These partners were *248successors to Bracken, one of those now sued, and Bracken was successor to Bracken & Haslam. On the account sued on were items transferred from Bracken’s account when alone and from Bracken & ITaslam’s account. Under the rulings and charge of .the court, the jury found some eight or nine hundred dollars with interest for several years against the defendants, Bracken & Ellsworth, successors as aforesaid, and they moved for a new trial, which the court refused, and…

2Cases cited7 opinions

  1. J. Day & Co. v. CrawfordSupreme Court of Georgia · 1853
  2. Petit v. TealSupreme Court of Georgia · 1876
  3. Bower v. SmithSupreme Court of Georgia · 1850
  4. Durand v. GrimesSupreme Court of Georgia · 1855
  5. Hall v. CareySupreme Court of Georgia · 1848

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3Cited by17 opinions

  1. Sheppard v. BridgesSupreme Court of Georgia · 1912
  2. Loveman, Joseph Loeb v. McQueenSupreme Court of Alabama · 1919
  3. Radtke v. TaylorOregon Supreme Court · 1922
  4. City Stores Company v. HendersonCourt of Appeals of Georgia · 1967
  5. Bush v. FourcherCourt of Appeals of Georgia · 1907

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