Empire State Chemical Co. v. Shubrick
Supreme Court of Georgia
. Claim. Before Judge Walker. Wilkes superior court. November 6, 1917. The Empire Státe Chemical Company brought to the superior court of Wilkes county its suit upon a note and open account against Charles I. Reynolds, alleging: that the defendant is the duly appointed administrator of E. T. Shubrick, deceased; that the defendant administrator is indebted to petitioner on a promissory note in the sum of one hundred and eighty-one dollars principal, besides interest; that the…
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. Claim. Before Judge Walker. Wilkes superior court. November 6, 1917. The Empire Státe Chemical Company brought to the superior court of Wilkes county its suit upon a note and open account against Charles I. Reynolds, alleging: that the defendant is the duly appointed administrator of E. T. Shubrick, deceased; that the defendant administrator is indebted to petitioner on a promissory note in the sum of one hundred and eighty-one dollars principal, besides interest; that the note was made by E. T. Shubrick, deceased, May 10, 1915, to petitioners, and was due November 15, 1915, a copy of the…
1Opinion of the CourtBeck, P. J.
(After stating the facts.)
1. Considering all.the-recitals of fact in the petition upon which the judgment was rendered on which execution issued in favor of the plaintiff in error, it was clearly a suit against Charles,I. Reynolds as administrator of E. T. Shubrick, and in his representative capacity. “The cases which have heretofore been decided by this court, holding that the word as gave character to the action, were cases in favor of administrators, and not against them: 11 Georgia, 599; 16 Ibid. 190. Moreover, in each of these cases the action was predicated upon a contract with the…
2Cases cited1 opinion
- Jennings v. William W. Wright & Co.Supreme Court of Georgia · 1875
3Cited by6 opinions
- Youngblood v. RuisCourt of Appeals of Georgia · 1957
- Stanfield v. Downing Co.Supreme Court of Georgia · 1938
- Shingler v. FurstSupreme Court of Georgia · 1933
- Neely v. MobleyCourt of Appeals of Georgia · 1934
- Cobb v. PoundCourt of Appeals of Georgia · 1930
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