Pearce & Co. v. Stone Tobacco Co.
Supreme Court of Georgia
Complaint, Before Judge Humphreys. City court of Moultrie. June 2, 1905. The E. T. Stone Tobacco Company sued M. C. Pearce & Company, a partnership. The petition alleges that the plaintiff sold and delivered to Bridges & Company certain articles of merchandise set forth in an account attached to the petition.
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Complaint, Before Judge Humphreys. City court of Moultrie. June 2, 1905. The E. T. Stone Tobacco Company sued M. C. Pearce & Company, a partnership. The petition alleges that the plaintiff sold and delivered to Bridges & Company certain articles of merchandise set forth in an account attached to the petition. After the sale the defendants purchased the stock of Bridges & Co., and agreed in writing to pay the said account, a copy of the writing being as follows: "Crossland, Ga., 8/26/1903. Mr. E. T. S.tone Tob. Co., Stoneville, N. C. Dear Sir: We have resome all responsible of J. E. Bridges &…
1Opinion of the CourtCobb, P. J.
(After stating the foregoing facts.) The right of the plaintiff to recover depends upon whether the writing set forth in the petition contains a sufficient promise on the part of the defendants to pay the debt of Bridges & Co. It is not contended that the defendants would be liable to the plaintiff upon a contract for goods sold and delivered, for the goods were not sold or delivered to the defendants. The claim is that the sale was made to Bridges & Co., that they owed the debt, and that the defendants have assumed the payment of the debt, and are therefore liable to the plaintiff. Whether…
2Cases cited6 opinions
- Ansley v. HightowerSupreme Court of Georgia · 1904
- Turner v. Lorillard Co.Supreme Court of Georgia · 1897
- Palmetto Mfg. Co. v. Parker & AndersonSupreme Court of Georgia · 1905
- Davis v. TiftSupreme Court of Georgia · 1883
- Pfeiffer & Co. v. HuntSupreme Court of Georgia · 1885
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- F. & W. Grand Five-Ten-Twenty-Five Cent Stores Inc. v. EisemanSupreme Court of Georgia · 1925
- Schroeder v. Hunter Douglas, Inc.Court of Appeals of Georgia · 1984
- Loewenherz v. WeilCourt of Appeals of Georgia · 1925
- Butler v. GodleyCourt of Appeals of Georgia · 1935
- Fields v. BurlingtonCourt of Appeals of Georgia · 1917
5 more not listed; retrieve them via the Exa API.