Legal Opinion

Knox v. Bates & Co.

Supreme Court of Georgia

Decided November 23, 1887PublishedCited by 3 opinions

Actions. Administrators ana Executors. Partnership. Jurisdiction, ■ Evidence. Before Judge Lumpkin. Taliaferro Superior Court. February Term, 1887 Prior action of complaint against surviving copartner and administrator of deceased partner, in superior court of T. county, on open account against partnership, the surviving partner residing in that county, and the administrator appointed there, but residing in M. county.

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Actions. Administrators ana Executors. Partnership. Jurisdiction, ■ Evidence. Before Judge Lumpkin. Taliaferro Superior Court. February Term, 1887 Prior action of complaint against surviving copartner and administrator of deceased partner, in superior court of T. county, on open account against partnership, the surviving partner residing in that county, and the administrator appointed there, but residing in M. county. Declaration contained no averment of insolvency as to partnership, or as to survivor. So far as appears, no plea, answer or appearance, by either defendant. Judgment jointly…

1Opinion of the Court

Bleckley, Chief Justice,

(after stating the above facts.)

1. The right of action at law upon an open account against a partnership is several against the survivor, not joint against' the survivor and the administrator of the deceased copartner. In equity there is a joint remedy if the partnership be insolvent — certainly so if both the partnership and the survivor be insolvent; and this equitable remedy, where the necessary averments are made, may be administered at law. Anderson vs. Pollard, 62 Ga. 46. But unless the necessary averments are made in the pleadings, the legal remedy alone is…

2Cases cited5 opinions

  1. Anderson v. Pollard & Co.Supreme Court of Georgia · 1878
  2. Pullen v. WhitfieldSupreme Court of Georgia · 1875
  3. Suydam v. PalmerSupreme Court of Georgia · 1879
  4. Ellis v. Atlantic & Gulf RailroadSupreme Court of Georgia · 1878
  5. Rhett v. Georgia Land & Cotton Co.Supreme Court of Georgia · 1880

3Cited by3 opinions

  1. Wehle v. BakerCourt of Appeals of Georgia · 1958
  2. Collier v. FormanSupreme Court of Georgia · 1924
  3. Michigan Homes, Inc. v. United States Fidelity & Guaranty Co.Court of Appeals of Georgia · 1988

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