Shiflett v. John W. Kelly & Co.
Court of Appeals of Georgia
Complaint; from city court of Floyd county — Judge Eeece. May 26, 1914.
1Opinion of the CourtBroyles, J.
John W. Kelly & Co., a Tennessee corporation, brought suit in the city court of Floyd county against C. H. Shiflett, doing business under the trade name of the “Cosmopolitan Club,” on an open account for liquors, amounting to $390 and interest. The defendant, Shiflett, in his answer, substantially admitted the correctness of the account, but denied individual liability. He failed, however, to plead misjoinder or non-joinder of parties. Upon the trial he testified that he was a member of the club in question; that it was a “locker club;” that he was its treasurer and steward; that the liquors…
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