Sample v. Lipscomb
Supreme Court of Georgia
Assumpsit, in Troup Superior Court. Tried before Judge-Bull, May Term, 1855. This was an action of assumpsit, brought by Harriet Lipscomb, administratrix of Nathan Lipscomb, against Uziah C. Sample, administrator of Vm.
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Assumpsit, in Troup Superior Court. Tried before Judge-Bull, May Term, 1855. This was an action of assumpsit, brought by Harriet Lipscomb, administratrix of Nathan Lipscomb, against Uziah C. Sample, administrator of Vm. M. Sample, deceased, and James A. Sample, on the following note: “ By the 25th day of December, 1851, we promise to pay Nathan Lipscomb, or bearer, the sum of Three Hundred and' Thirty-three Dollars and Thirty-three Cents, for the timber on five hundred acres of land, to-wit: numbers 52, 51 and 89, lying in the 14th district of originally Carroll, now Heard County, it being…
1Opinion of the Court
By the Court.
Starnes, J.
delivering the opinion.
[1.] It is our opinion, that though, perhaps, it cannot be' said accurately that the instrument offered in evidence, and rulSd out by the Court, served to show in what manner the-note before the Court was to be paid, as was insisted on by the Counsel for the plaintiff in error; yet, that it did serve to prove the nature of the partnership, and may have served' to account for the manner in which the note was given up by Lipscomb to the other partners, as was alleged in the plea,, and to explain how it may have been delivered in payment of *690his…
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- Bond v. StateCourt of Appeals of Georgia · 1961
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