Chattanooga, R. & G. Railroad v. Davis
Supreme Court of Georgia
Railroads. Contracts. Parties. Amendment. Evidence. Before Judge Maddox. "Walker superior court. August term, 1891. Action by Davis against tbe railroad company, Ward-law and others, for damages from a breach of a contract for keeping up stock-gaps, etc.
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Railroads. Contracts. Parties. Amendment. Evidence. Before Judge Maddox. "Walker superior court. August term, 1891. Action by Davis against tbe railroad company, Ward-law and others, for damages from a breach of a contract for keeping up stock-gaps, etc. When the case was called the plaintiff dismissed the suit as to all the defendants except the railroad company, and offered an amendment which the court allowed over objection that it made a new and distinct cause of action and was illegal. The declaration as amended was demurred to, and the demurrer overruled. There was a verdict for the…
1Opinion of the Court
*709 Judgment affirmed.
The demurrer was on the grounds, that no cause of action was set forth against the defendant; that the suit was based upon the breach of a joint or partnership contract, and the railroad company had no right to make such contract, and the same was ultra vires, null and void; and that the plaintiff, having dismissed the suit as to the other joint obligors and released' them, had thereby increased the risk and liability of the railroad company, and the effect of such dismissal was to release it, and no case was left upon which there could be a recovery. The motion for a new…
2Cited by4 opinions
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