Lippincott & Co. v. Behre
Supreme Court of Georgia
Action on contract. Before Judge Reid. City court of At-, lanta. March 19, 1904. On January 6, 1902, Charles H. Behre made an affidavit that Charles Lippincott & Company and the American Soda Eountaiu Company were indebted to him $3,614.13 on an account, and that the defendants resided out of the State. An attachment issued thereon, garnishments were served, and the defendants gave bond.
Read the full summary
Action on contract. Before Judge Reid. City court of At-, lanta. March 19, 1904. On January 6, 1902, Charles H. Behre made an affidavit that Charles Lippincott & Company and the American Soda Eountaiu Company were indebted to him $3,614.13 on an account, and that the defendants resided out of the State. An attachment issued thereon, garnishments were served, and the defendants gave bond. The plaintiff filed a declaration on the attachment, alleging: (1) That Charles Lippincott & Company are a partnership. (2) That the American Soda Fountain Company is a corporation.' (3) That on February 4,…
1Opinion of the CourtLamar, J.
(After stating the foregoing facts.) In the same action the plaintiff sued both the agent and the undisclosed principal. The. court sustained the contention that the defendants were not jointly liable, and therefore not jointly suable. • The *546plaintiff thereupon elected to dismiss as to the American Soda Fountain Company, the undisclosed principal, and to proceed against Charles Lippincott & Company, the agent with whom the contract was alleged to have been actually made. ' Civil Code, § 3024. .. The latter thereupon demurred on the ground that the plaintiff, having brought an action upon what…
2Cases cited3 opinions
- Ellison v. Georgia RailroadSupreme Court of Georgia · 1891
- Butler v. Tifton, Thomasville & Gulf Railway Co.Supreme Court of Georgia · 1905
- International Power Co. v. HardySupreme Court of Georgia · 1903
3Cited by22 opinions
- Georgia Railroad & Banking Co. v. TiceSupreme Court of Georgia · 1905
- Willingham, Wright & Covington v. GloverCourt of Appeals of Georgia · 1922
- Watson v. Sierra Contracting Corp.Court of Appeals of Georgia · 1997
- Griffin Hosiery Mills v. United Hosiery MillsCourt of Appeals of Georgia · 1923
- Brown-Wright Hotel Supply Corp. v. BagenCourt of Appeals of Georgia · 1965
17 more not listed; retrieve them via the Exa API.