Orr Stationery Co. v. Bell & Lee Drug Co.
Court of Appeals of Georgia
Complaint, from city court of Sylvester — Judge Park. July 22, 1907. A suit on an account was brought, in which the petition described the plaintiff as Orr “Shoe” Company, and, in one paragraph, described the defendant as Dr. Bell & Lee “Shoe” Company, a firm composed of P. E. Bell and E. E. Lee, though in other paragraphs of the petition the. defendant was described as Dr. Bell & Lee “Drug” Company, composed of the same persons.
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Complaint, from city court of Sylvester — Judge Park. July 22, 1907. A suit on an account was brought, in which the petition described the plaintiff as Orr “Shoe” Company, and, in one paragraph, described the defendant as Dr. Bell & Lee “Shoe” Company, a firm composed of P. E. Bell and E. E. Lee, though in other paragraphs of the petition the. defendant was described as Dr. Bell & Lee “Drug” Company, composed of the same persons. As a part of the petition, the account which was the subject-matter of the suit'was stated to be the indebtedness of Dr. Bell & Lee “Drug” Company to the Orr…
1Opinion of the CourtHill, C. J.
(After stating the foregoing facts.)
The judgment of the court refusing to allow the amendment to the petition was erroneous. The suit was on an account which was a part of the petition, and this account clearly established *704the fact that the real plaintiff, and the intended plaintiff, was not the Orr “Shoe” Company, but the Orr “Stationery” Company,, and that the real and intended defendant was not the Dr. Bell & Lee “Shoe” Company, but was the Dr. Bell & Lee “Drug” Company. The use of the word “shoe,” therefore, .in the introductory-part of the petition was a manifest misnomer, — the…
2Cases cited3 opinions
- Maddox v. Central of Georgia Ry. Co.Supreme Court of Georgia · 1900
- Jarrett v. City Electric Railway Co.Supreme Court of Georgia · 1904
- Carey & Hill v. Cranston & StovallSupreme Court of Georgia · 1896
3Cited by4 opinions
- Robinson v. Reward Ceramic Color Manufacturing, Inc.Court of Appeals of Georgia · 1969
- Industrial Life & Health Insurance v. WarrenCourt of Appeals of Georgia · 1931
- Howard v. Jones Motor Co.Court of Appeals of Georgia · 1961
- Robinson v. Reward Ceramic Color Manufacturing, Inc.Court of Appeals of Georgia · 1969