Wise v. Copley, Stone & Co.
Supreme Court of Georgia
Certioraris from the Justices’ Court. Decided by Judge Cole. Bibb Superior Court. November Term, 1867. F. H. Stone owed Wise $53.35, and afterwards formed a partnership with W. S. Copley and W. L. LeConte, as merchants, under the style of Copley, Stone & Co. Wise presented his account against Stone to him, at the store of the firm, and Stone asked him to trade out the amount in the store.
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Certioraris from the Justices’ Court. Decided by Judge Cole. Bibb Superior Court. November Term, 1867. F. H. Stone owed Wise $53.35, and afterwards formed a partnership with W. S. Copley and W. L. LeConte, as merchants, under the style of Copley, Stone & Co. Wise presented his account against Stone to him, at the store of the firm, and Stone asked him to trade out the amount in the store. Wise agreed to do so, and received at different times, in the usual course of trade, goods worth $35, out of said store and from the goods which Wise knew belonged to the firm. Stone charged the goods to…
1Opinion of the CourtWarner, C. J.
The only question presented by the record in this case is, whether a creditor who holds a demand against an individual member of a mercantile firm, purchases the copartnership goods from that individual member of the firm, knowing the same to be copartnership property, can, in an action brought against him by the partners or their assignee for the value of the goods so purchased, plead that demand, either as payment, or as a set-off against the copartners or their assignee. The goods were purchased of one of the copartners at his solicitation, by the creditor of the individual partner, and *511wer…
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- Carter & Martin v. CarterCourt of Appeals of Georgia · 1909
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