Scott v. Harkins
Supreme Court of Georgia
Bill for specific performance, injunction, and relief, in Gordon Superior Court, decided by the Hon. Dawson A. Walker, at the October Term, 1860. James 1ST. Scott exhibited his bill against John Harkins and John H. Arthur, in which the following facts are alleged, to-wit: In September, 1855, the complainant, James S. Harkins, and John C. Butler, formed a mercantile partnership under the firm name and style of Scott, Harkins & Company, and transacted business in that…
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Bill for specific performance, injunction, and relief, in Gordon Superior Court, decided by the Hon. Dawson A. Walker, at the October Term, 1860. James 1ST. Scott exhibited his bill against John Harkins and John H. Arthur, in which the following facts are alleged, to-wit: In September, 1855, the complainant, James S. Harkins, and John C. Butler, formed a mercantile partnership under the firm name and style of Scott, Harkins & Company, and transacted business in that form,-until the 26th of March, 1856, when the partnership was dissolved by mutual consent. Before dissolution, the firm had…
1Opinion of the Court
JBy the Court
Jenkins, J.,
delivering the opinion.
This is a case in which both parties are dissatisfied with the ruling, of the Court below; the complainant insisting that the Court should have granted a general injunction; and the defendant maintaining that none should have been granted. It is apparent that the answers of the defendants deny all the equity asserted in the bill; and had they stopped there, their position before this Court would have been tenable. But the defendant, Harkins, goes further, and acknowledges that, at the time, he, by request of complainant, purchased the claim, he…
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