Legal Opinion

Kennedy v. McCarthy

Supreme Court of Georgia

Decided December 19, 1884PublishedCited by 11 opinions

Master and Servant. Contracts. Judgment. Res adjudicates. Before Judge Harden. City Court of Savannah. May Term. 1884. McCarthy brought suit against Kennedy on an open account as follows: "For salary as clerk for the months of February, March, April and May, 1883, four months, at $50 per month......................$ 200 00 Cr.

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Master and Servant. Contracts. Judgment. Res adjudicates. Before Judge Harden. City Court of Savannah. May Term. 1884. McCarthy brought suit against Kennedy on an open account as follows: "For salary as clerk for the months of February, March, April and May, 1883, four months, at $50 per month......................$ 200 00 Cr. By cash received from other employment.......... .......$ 20 00 To balance..................................................................$ 180 00” Defendant pleaded the general issue; and that the plaintiff had represented that he was competent to discharge the…

1Opinion of the Court

Hall, Justice.

This suit was brought to recover wages alleged to be due from the defendant to the plaintiff for services rendered by the latter as a general clerk about the tailoring establishment of the former. The defence was that the plaintiff, on trial, proved himself incompetent to discharge the *348duties of keeping correctly and truly and in a faithful and business-like manner the books pertaining to defendant’s business as a tailor, to make entries of measurements taken by defendant of his customers, and to attend to collecting the accounts of the establishment, as he had represented…

2Cases cited1 opinion

  1. Johnson v. LovelaceSupreme Court of Georgia · 1878

3Cited by11 opinions

  1. Shippen v. FolsomSupreme Court of Georgia · 1945
  2. Irvin v. SpratlinSupreme Court of Georgia · 1906
  3. Cox, Hill & Thompson v. BeardenSupreme Court of Georgia · 1890
  4. Wiese v. San Francisco Musical SocietyCalifornia Supreme Court · 1890
  5. Kelly & Jones Co. v. MooreSupreme Court of Georgia · 1907

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