Hightower v. Walker
Supreme Court of Georgia
Complaint on account. Before Judge Smith. Johnson superior court. March term, 1895. Plaintiffs sued Mrs. Hightower upon an account for dry goods, groceries, farm supplies and other articles, including various items of cash, all furnished during the year 1893, and amounting to $719.44,less credits aggregating $272.31. She pleaded, not indebted except as to a few articles amounting to about seven dollars; and that she had made no contract with plaintiffs or received any goods…
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Complaint on account. Before Judge Smith. Johnson superior court. March term, 1895. Plaintiffs sued Mrs. Hightower upon an account for dry goods, groceries, farm supplies and other articles, including various items of cash, all furnished during the year 1893, and amounting to $719.44,less credits aggregating $272.31. She pleaded, not indebted except as to a few articles amounting to about seven dollars; and that she had made no contract with plaintiffs or received any goods from them, either by herself, agent or otherwise, except as before admitted. It appeared for the plaintiffs, that…
1Opinion of the Court
Lumpkin, Justice.
Irrespective of other questions made in the record, there must be another trial of this case, for the reason that the presiding judge charged the jury: “If the husband bought goods of the plaintiff, and the wife got the benefit of them, and the husband was insolvent, then she would be liable for them.”
We are quite sure that our brother of the circuit bench has never, since his admission to the bar, believed that the above proposition, just as it stands, is a correct exposition of the law upon the subject with which he was dealing in the present case. Giving this instruction…
2Cited by11 opinions
- Oglesby v. Farmers Mutual ExchangeCourt of Appeals of Georgia · 1973
- Nix v. LukeCourt of Appeals of Georgia · 1957
- Pinkston v. Cedar Hill Nursery & Orchard Co.Supreme Court of Georgia · 1905
- Cornelia Planing Mill Co. v. WilcoxSupreme Court of Georgia · 1907
- Mather-Groover Co. v. RobertsCourt of Appeals of Georgia · 1936
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