M. Fleshman & Co. v. Collier
Supreme Court of Georgia
Partnership. Service. Judgment. Before Judge Hopkins. Fulton Superior Court. April Term, 1871. George W. Collier brought case against M. Fleshman, Benjamin Franklin and William Rich, late partners in leasing ánd house building, using the firm name of M. Fleshman & Company.
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Partnership. Service. Judgment. Before Judge Hopkins. Fulton Superior Court. April Term, 1871. George W. Collier brought case against M. Fleshman, Benjamin Franklin and William Rich, late partners in leasing ánd house building, using the firm name of M. Fleshman & Company. The declaration alleged that said defendants had damaged plaintiff in the sum of $6,000 00; for that said defendants, on June 13th, 1865, made and entered into a written contract with plaintiff substantially as follows, to-wit: Plaintiff, by his agent and attorney, William Ezzard, agreed to lease to said- defendants his…
1Opinion of the Court
Montgomery, Judge.
1. The first exception considered by the Court in this ease was the overruling of the objection made by defendant to proof of the existence of the partnership of M. Fleshman & Company, and that he was a member of it some three months after the date of the contract sued on. The strongest case relied on by the plaintiff in error, (and defendant below,) is Collier et al. vs. Cross et al., 20 Georgia, 1. In that case, it was decided that evidence of a partnership, existing prior to the date of the contract sued on, was inadmissible to show its existence at that date. Then, only…
2Cases cited2 opinions
- Whitney v. FerrisNew York Supreme Court · 1813
- Alderman v. ShareNew York Supreme Court · 1831
3Cited by9 opinions
- Farmers' Bank v. SalingOregon Supreme Court · 1898
- Dixon v. Sol Loeb Co.Court of Appeals of Georgia · 1923
- Cary v. Simpson & HarperCourt of Appeals of Georgia · 1914
- Cunningham v. Woodbridge & HarrimanSupreme Court of Georgia · 1886
- West Lumber Co. v. CandlerCourt of Appeals of Georgia · 1933
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