Holloway v. Brinkley
Supreme Court of Georgia
Attachment. Partnership. Before Judge Chisolm. City Court of Savannah. July Term, 1870. Holloway had an attachment against Brinkley levied upon three bales of cotton.
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Attachment. Partnership. Before Judge Chisolm. City Court of Savannah. July Term, 1870. Holloway had an attachment against Brinkley levied upon three bales of cotton. He averred that Brinkley was “ indebted to him in the amount of three bales of Sea Island cotton of about the value of $500 00, which indebtedness accrued by reason of a verbal contract to work and labor together in raising a crop of cotton during the year 1869, the said Lymus Holloway to receive one-half of the whole amount of cotton raisedthey made six bales of such cotton; Brinkley appropriated three of them to his use, and…
1Opinion of the CourtWarner, J.
The facts disclosed by the record in this case did not make the plaintiff and defendant partners. If the defendant as the landlord refused or neglected to pay or deliver to the plaintiff one-half of the crop, under the contract, for his labor in making it, but appropriated it to his own use, the plaintiff could make out an account against the landlord for the value of his share of the crop, and enforce the collection of the same by attachment, or any other lawful remedy. It is the duty of the Courts to see that this class of contracts are performed, in good faith, on the part of the landlord…
2Cited by4 opinions
- Hale Bros. v. MillikenCalifornia Supreme Court · 1904
- Gurr v. MartinSupreme Court of Georgia · 1885
- Rose v. BuscherCourt of Appeals of Maryland · 1894
- Cherry v. StrongSupreme Court of Georgia · 1895