Branch v. Cooper
Supreme Court of Georgia
Partnership. Mistake. Laches. Sales. Rescission. Equity. Practice. Before Judge Adams. _ Chatham superior court. June term, 1888. Branch & Cooper had been partners in carrying on a general grocery business since November 5th, 1872. On June 30th, 1886, the end of a fiscal year, the books of the firm were balanced and an account of stock taken, the bad debts being stricken from the balance sheet.
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Partnership. Mistake. Laches. Sales. Rescission. Equity. Practice. Before Judge Adams. _ Chatham superior court. June term, 1888. Branch & Cooper had been partners in carrying on a general grocery business since November 5th, 1872. On June 30th, 1886, the end of a fiscal year, the books of the firm were balanced and an account of stock taken, the bad debts being stricken from the balance sheet. On the books it appeared that the amount to the credit of Branch was $17,721.71, and to the credit of Cooper $10,542.68: These books had been kept for twelve years by the same bookkeeper, and both…
1Opinion of the Court
Bleckley, Chief Justice.
1. Under the evidence, there is no possible doubt that upon taking an account of stock of the partnership on June 30th, 1886, entries were made in the partnership books showing that Branch had an interest in the partnership assets to the amount of $17,721.71, and that Cooper had a like interest to the amount of $10,542.68. It is equally certain that in consequence of a mistake in computing the assets, resulting from entering and counting certain stocks, bonds, etc. twice, these sums did not correctly measure the interest of’ either partner, the amount to the credit of…
2Cases cited1 opinion
- Steadwell v. MorrisSupreme Court of Georgia · 1878
3Cited by7 opinions
- Blaylock v. HackelSupreme Court of Georgia · 1927
- Whittle v. NottinghamSupreme Court of Georgia · 1927
- Singer v. Grand Rapids Match Co.Supreme Court of Georgia · 1903
- Bass v. CatesCourt of Appeals of Georgia · 1946
- Hargrove v. BledsoeCourt of Appeals of Georgia · 1948
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