Collier v. Cross
Supreme Court of Georgia
Assumpsit, &c. in Pulaski Superior Court. Tried before-Judge Love, October Term, 1855. This action was brought by the administrators of Richard Johnson against Collier, Jelks & Co. upon a promissory note made in the name of the firm. Upon the trial, on motion of Counsel for plaintiffs below, the Court ordered a plea of non est factum, filed by Edward St. George, to be stricken out. This decision is one of the errors assigned.
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Assumpsit, &c. in Pulaski Superior Court. Tried before-Judge Love, October Term, 1855. This action was brought by the administrators of Richard Johnson against Collier, Jelks & Co. upon a promissory note made in the name of the firm. Upon the trial, on motion of Counsel for plaintiffs below, the Court ordered a plea of non est factum, filed by Edward St. George, to be stricken out. This decision is one of the errors assigned. James 0. Jelks, one of the firm, having pleaded and proved his discharge in bankruptcy, the Court, on motion, ordered his name stricken from the case. This is also…
1Opinion of the Court
By the. Court.
McDonald, J.
delivering tbe opinion.
Tbe suit was against the firm of Collier, Jelks & Co. It is alleged that the defendants, by the firm name, made the promissory note sued on, and that Edward St. George "was one of the said firm. Defendant, St. George, at the return term of the case, appeared and pleaded that “ he did not make the said note in the said suit described, and that he did not authorize any other person to make said note.”
[1.] The Circuit Judge, on motion of plaintiff’s Counsel, ordered this plea to be stricken out, and his decision is excepted to. The plea does not…
2Cases cited1 opinion
- Barheydt v. AdamsNew York Supreme Court · 1828
3Cited by4 opinions
- Crockett & Co. v. Garrard & Co.Court of Appeals of Georgia · 1908
- Goff v. National BankSupreme Court of Georgia · 1930
- Cummings v. RobinsonCourt of Appeals of Maryland · 1902
- Strauss v. Waldo, Barry & Co.Supreme Court of Georgia · 1858