Ford v. Kennedy
Supreme Court of Georgia
Witness. Evidence. Partnership. Charge of Court. ■Statute of limitations. Yerdict. Before Judge MoCotchen. ■Catoosa Superior Court. September Term, 1879. To the report contained in the decision it is only neces■sary to add that the following were among the grounds of the motion for new trial: (1.) Because the verdict is contrary to law, contrary to •evidence, strongly and decidedly against ' the weight of the •evidence, and against the principles of equity and justice.
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Witness. Evidence. Partnership. Charge of Court. ■Statute of limitations. Yerdict. Before Judge MoCotchen. ■Catoosa Superior Court. September Term, 1879. To the report contained in the decision it is only neces■sary to add that the following were among the grounds of the motion for new trial: (1.) Because the verdict is contrary to law, contrary to •evidence, strongly and decidedly against ' the weight of the •evidence, and against the principles of equity and justice. (2.) Because the court ruled that plaintiff was not competent to testify as to transactions and conversations between .-him…
1Opinion of the Court
Jackson, Justice.
Ford brought suit on an account against Gray, Kennedy & Chamberlin, as co-partners engaged in work on the Mobile and Girard Railroad, in the state of Alabama, under the alleged name and style of Gray & Co. Chamberlin was not served, Gray died pending the suit, and the contest narrowed to a single-handed fight between Ford and Kennedy as the only surviving partner sued and served. The jury found for Kennedy; Ford moved for a new trial, it was refused, and he excepted., The issues are, was Kennedy a partner in the company of Gray & Co.? If not, did he virtually become one as to…
2Cases cited3 opinions
- Leaptrot v. RobertsonSupreme Court of Georgia · 1871
- Stotesbury v. LanierSupreme Court of Georgia · 1871
- McGehee v. JonesSupreme Court of Georgia · 1870
3Cited by8 opinions
- Shaw v. Jones, Newton & Co.Supreme Court of Georgia · 1909
- Smith v. PageSupreme Court of Georgia · 1884
- Daughtry v. Savannah & Statesboro Railway Co.Court of Appeals of Georgia · 1907
- Phœnix Insurance v. GraySupreme Court of Georgia · 1901
- Harris v. StateSupreme Court of Georgia · 1939
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