Gray v. Bass
Supreme Court of Georgia
Pleading. Factors. New Trial. Before Judge Johnson. Muscogee Superior Court. May Term, 1870. So much of this case as does not appear in the motion for new trial, as set forth, is as follows: Bass averred that Gray, Bedell & Hughes, Factors and Commission Merchants, at Columbus, Georgia, on the 4th day of January, 1868, received from him one hundred and ten bales of cotton, weighing fifty-seven thousand four hundred and seventy-three pounds, worth $12,000 00, drew a draft…
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Pleading. Factors. New Trial. Before Judge Johnson. Muscogee Superior Court. May Term, 1870. So much of this case as does not appear in the motion for new trial, as set forth, is as follows: Bass averred that Gray, Bedell & Hughes, Factors and Commission Merchants, at Columbus, Georgia, on the 4th day of January, 1868, received from him one hundred and ten bales of cotton, weighing fifty-seven thousand four hundred and seventy-three pounds, worth $12,000 00, drew a draft against it for certain advances, at sixty days after date, and, in consideration of their commissions, etc., agreed to ship…
1Opinion of the CourtLochrane, C. J.
1. The question raised on the declaration in this case we do not regard as error. The suit originally proceeded on the principle of implied contract, and the amendment charges a special contract. Such a joinder is clearly within our law of amendments, and we will not dwell on this point.
The facts of the case may be substantially stated as follows: John H. Bass had a lot of cotton in Columbus which he shipped through the plaintiff in error to Liverpool. He alleges and proves that he desired instructions given not to sell *281his cotton until some time in the spring, after the expiration of sixty…
2Cited by5 opinions
- Kraft v. Rowland & RowlandCourt of Appeals of Georgia · 1925
- Warner v. HillSupreme Court of Georgia · 1922
- Wood & Brother v. Jones & SonCourt of Appeals of Georgia · 1912
- Winn v. National Bank of AthensCourt of Appeals of Georgia · 1964
- Parker v. BoydSupreme Court of Georgia · 1952