Buffington v. Blackwell
Supreme Court of Georgia
Pleadings. Amendment. Continuance. Before Judge Rice. Hall Superior Court. September Term, 1873. Blackwell brought complaint against Buffington on the following receipt: “$400 00. Received of Josiah S. Blackwell four hundred dollars. This November 26th, 1866. (Signed) “W. J. Buffington.”
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Pleadings. Amendment. Continuance. Before Judge Rice. Hall Superior Court. September Term, 1873. Blackwell brought complaint against Buffington on the following receipt: “$400 00. Received of Josiah S. Blackwell four hundred dollars. This November 26th, 1866. (Signed) “W. J. Buffington.” The defendant pleaded that he gave the receipt sued on to plaintiff’ as the agent of one Samuel Stephens; that the money receipted for was the property of said Stephens, who was indebted to the defendant in the sum of $2,000 00; that Stephens and defendant, being at Dahlonega, Stephens promised to pay…
1Opinion of the Court
McCay, Judge.
1. We are not clear that this suit might not legally’have gone on in the name of Blackwell. The rule, as laid down by Chitty, 1 volume, 7, 8, is that if the contract be in' the name of the agent, he may sue. - As a matter of course, the defendant’s plea would still be good, if sustained by the evidence, except as against any actual interest there might be in the agent. But the court was right in permitting the amendment. We decided in Burke vs. Steel, 40 Georgia, 217, that the plaintiff might, at his option, declare whose use he sues for. It is nobody’s business, unless the…
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