Bush & Hattaway v. McCarty Co.
Supreme Court of Georgia
Complaint. Before Judge Faircloth. City court of Wrights-ville. September 28, 1905. The W. A. McCarty Company brought suit against Bush & Hattaway on a promissory note. The only contest was as to whether G-. W. Bush was liable as a member of the firm.
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Complaint. Before Judge Faircloth. City court of Wrights-ville. September 28, 1905. The W. A. McCarty Company brought suit against Bush & Hattaway on a promissory note. The only contest was as to whether G-. W. Bush was liable as a member of the firm. He contended -that he had been a member, but that in December, 1902, before the note sued on was given, he gave his interest to his son, C. O. Bush, and retired from the partnership, and that the plaintiff had notice of that fact. The plaintiff contended,' that it had sold one or two bills of goods to the firm of Bush & Hattaway before the…
1Opinion of the CourtLumpkin, J.
(After stating the foregoing facts.)’
The Civil Code, § 2634, declares that “The dissolution of a partnership by the retiring of an ostensible partner must be made known to the creditors and to the world.” It is not in terms .stated what character of notice must be given, or who fall within the designation of “creditors,” and who within that of ‘The world.” This section is a codification of the general law, and not of a legislative enactment, and in construing it, decisions of other courts as well as our own may be looked to. There is a difference between the kind of notice required to be…
2Cases cited13 opinions
- Austin v. . HollandNew York Court of Appeals · 1877
- Lovejoy v. SpaffordSupreme Court of the United States · 1876
- Johnson v. DoolySupreme Court of Georgia · 1884
- Young v. TibbittsWisconsin Supreme Court · 1873
- Askew v. SilmanSupreme Court of Georgia · 1895
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3Cited by27 opinions
- Chandler v. GatelyCourt of Appeals of Georgia · 1969
- Roebuck v. PayneCourt of Appeals of Georgia · 1964
- Rawleigh Medical Co. v. BurneyCourt of Appeals of Georgia · 1920
- Sinclair v. FriedlanderSupreme Court of Georgia · 1944
- Thomason v. HarperCourt of Appeals of Georgia · 1982
22 more not listed; retrieve them via the Exa API.