Legal Opinion

Smith, Son & Brother v. Printup Bros. & Co.

Supreme Court of Georgia

Decided August 15, 1877PublishedCited by 12 opinions

Continuance. Set-off. Before Judge Underwood. Eloyd Superior Court. January Adjourned Term, 1877. To the action set forth in the opinion, the defendants pleaded as follows: That on the 9th day of May, 1875, they purchased from one W. S. McElwain three hundred tons of pig iron for the sum of $32.00 per ton, and said McElwain, by his contract in writing of said date^ sold to -the defendants said three hundred tons of pig iron, and in said contract obligated himself to deliver…

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Continuance. Set-off. Before Judge Underwood. Eloyd Superior Court. January Adjourned Term, 1877. To the action set forth in the opinion, the defendants pleaded as follows: That on the 9th day of May, 1875, they purchased from one W. S. McElwain three hundred tons of pig iron for the sum of $32.00 per ton, and said McElwain, by his contract in writing of said date^ sold to -the defendants said three hundred tons of pig iron, and in said contract obligated himself to deliver said iron to the defendants at Rome; that the said defendants paid to said McElwain on said purchase the sum of…

1Opinion of the Court

Jackson, Judge.

This was a suit brought by Printup Bros. & Go. against Smith, Son & Brother, as partners, on two bills of exchange, *612drawn by them in favor of Printup Bros. & Co., on S. P. Smith, and accepted by him, and which he had not paid, but suffered to be protested.

1. The defendants moved for a continuance, on the ground that Joel Branham, Esq., their leading counsel, was sick, and could not attend court. The court refused to continue for the term, but put off the case, notifying the counsel, of whom there were three others, to be ready when the case was again callqd. About nine or ten…

2Cases cited1 opinion

  1. Ingram v. JordanSupreme Court of Georgia · 1875

3Cited by12 opinions

  1. Hecht v. Snook & Austin Furniture Co.Supreme Court of Georgia · 1902
  2. Harden v. LangSupreme Court of Georgia · 1900
  3. Melson v. DicksonSupreme Court of Georgia · 1879
  4. McLendon v. StateCourt of Appeals of Georgia · 1971
  5. Wall v. StateSupreme Court of Georgia · 1906

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