Hampton v. Thomas
Supreme Court of Georgia
In Equity, in Laurens Superior Court. Motion for a new trial. Decided by Judge Hansell, March Term, 1852. This bill was filed by Andrew Y. Hampton, as surviving partner, against Francis Thomas, as the administrator of John M. Hampton, a deceased partner, alleging that there had been a co-partnership business between said Andrew and John, “in a saw and grist mill, blacksmith shop, stud horse and jackass business,” and continued from 1835 to 1841, when the said John M. bought…
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In Equity, in Laurens Superior Court. Motion for a new trial. Decided by Judge Hansell, March Term, 1852. This bill was filed by Andrew Y. Hampton, as surviving partner, against Francis Thomas, as the administrator of John M. Hampton, a deceased partner, alleging that there had been a co-partnership business between said Andrew and John, “in a saw and grist mill, blacksmith shop, stud horse and jackass business,” and continued from 1835 to 1841, when the said John M. bought out the interest of Andrew W. in the mills, and paid him therefor; leaving' unsettled the profits of the partnership,…
1Opinion of the Court
By the Court.
Nisbet, J.
delivering the opinion.
[1.] This is a case where we think the discretion of the Court in refusing' a new trial, ought to be controlled; as we think that the verdict for the defendant below, was without evidence for him, and against evidence for the plaintiff. We have repeatedly held that if there is no evidence to sustain the verdict, a new trial will be awarded. This bill was filed by a surviving partner, to recover out of the estate of the deceased partner, the one-half of the effects belonging to the concern, and which are charged to have come into his hands whilst…
2Cited by8 opinions
- Shiflett v. DobsonSupreme Court of Georgia · 1934
- Carver v. CarverSupreme Court of Georgia · 1945
- Horne-Wilson, Inc. v. SmithCourt of Appeals of Georgia · 1964
- Reynolds v. Estate of ReynoldsSupreme Court of Georgia · 1976
- Kirkpatrick v. FawSupreme Court of Georgia · 1937
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