Legal Opinion

MacIntyre v. Massey

Court of Appeals of Georgia

Decided September 17, 1912No. 4172PublishedCited by 5 opinions

Complaint; from city court of Thomasville — Judge W. H. Hammond. March 29, 1912. Massey brought suit against Montgomery & MacIntyre, a firm composed of J. S. Montgomery Jr. and W. I. MacIntyre, on a promissory note made in the firm name. Neither the copartnership nor Montgomery made any defense.

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Complaint; from city court of Thomasville — Judge W. H. Hammond. March 29, 1912. Massey brought suit against Montgomery & MacIntyre, a firm composed of J. S. Montgomery Jr. and W. I. MacIntyre, on a promissory note made in the firm name. Neither the copartnership nor Montgomery made any defense. MacIntyre filed a plea, in which he. admitted the existence of the partnership prior to and up to January 15, 1910, but alleged that since that date there had been no such partnership, and that J. S. Montgomery Jr. since that date had no authority to represent or bind him with reference to the said…

1Opinion of the CourtHill, C. J.

(After stating the foregoing facts.) The only question raised by the record is as to whether or not the plea 'as amended set out a good defense. Section 3188 of the Civil Code (1910) provides, that “after dissolution, a partner has no power to bind the firm £>y a new contract, or to revive one already for any cause extinct, nor to renew or continue an existing liability, nor change its dignity or its nature.” In the case of Preston v. Garrard, 120 Ga. 689 (48 S. E. 118, 102 Am. St. R. 124, 1 Ann. Cas. 724), it is held: “Where a partnership is dissolved by the retirement of one of the…

2Cases cited1 opinion

  1. Preston v. GarrardSupreme Court of Georgia · 1904

3Cited by5 opinions

  1. Citizens National Bank v. JenningsCourt of Appeals of Georgia · 1926
  2. Park v. CordrayCourt of Appeals of Georgia · 1917
  3. Grigg v. Empire State Chemical Co.Court of Appeals of Georgia · 1915
  4. Jones v. OwensCourt of Appeals of Georgia · 1918
  5. Terrell Electric Co. v. MillerCourt of Appeals of Georgia · 1942

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