Huger v. Cunningham
Supreme Court of Georgia
Equitable petition. Before Judge Seabrook. Chatham superior court. February 3, 1906. The plaintiffs below, as executors of J. H. M. Clinch, deceased, filed their petition against J. A. Huger and W. G. Morrell, the case made by the petition being substantially as follows: On May 30, 1900, Clinch and Huger entered into a partnership agreement to plant rice on what was known as the Refuge Plantation, in Camden county, Ga.
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Equitable petition. Before Judge Seabrook. Chatham superior court. February 3, 1906. The plaintiffs below, as executors of J. H. M. Clinch, deceased, filed their petition against J. A. Huger and W. G. Morrell, the case made by the petition being substantially as follows: On May 30, 1900, Clinch and Huger entered into a partnership agreement to plant rice on what was known as the Refuge Plantation, in Camden county, Ga. This agreement was in writing and contained these recitals: “It is agreed between Col. J. H. M. Clinch and J. A. Huger that the said J. A. Huger shall plant the rice crop at…
1Opinion of the CourtEvans, J.
(After stating the facts.)
1. When the amendment to the plaintiff’s petition, the substance of which is disclosed by the foregoing statement of facts, was proffered, the defendant Huger objected to its allowance, on the grounds that it did not specify the date of the alleged pajunent of the debt *688to Morrell, did not state specifically whether the payment was. made before or after the filing of defendant’s answer, and, Morrell being a party to the original petition, the amendment dismissing the action as to him (there being no objection to its dismissal) did not strike the prayers of the…
2Cases cited3 opinions
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- Epping v. AikenSupreme Court of Georgia · 1884
3Cited by16 opinions
- Smith v. HancockSupreme Court of Georgia · 1926
- Fowler v. GorrellCourt of Appeals of Georgia · 1978
- Georgia Casualty & Surety Co. v. JerniganCourt of Appeals of Georgia · 1983
- Paulk v. CreechCourt of Appeals of Georgia · 1911
- Pierson v. HerringtonCourt of Appeals of Georgia · 1976
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