Sankey & Shorter v. Columbus Iron Works
Supreme Court of Georgia
Partnership. Evidence. Interrogatories. Before Judge JoHirsoir. Muscogee Superior Court. November Term, 1870. The Columbus Iron Works sued Sankey & Shorter as partners, for goods sold and delivered. Sankey was not served. Shorter pleaded that he was never Sankey’s partner, etc. The account began in January, 1867, and ended on the 7th of March, following. Plaintiff proved the account by its books only. The contest was as to the fact of partnership.
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Partnership. Evidence. Interrogatories. Before Judge JoHirsoir. Muscogee Superior Court. November Term, 1870. The Columbus Iron Works sued Sankey & Shorter as partners, for goods sold and delivered. Sankey was not served. Shorter pleaded that he was never Sankey’s partner, etc. The account began in January, 1867, and ended on the 7th of March, following. Plaintiff proved the account by its books only. The contest was as to the fact of partnership. Plaintiff offered as evidence interrogatories answered by Sankey. The first question was, “ do you know who composed the firm of Sankey & Shorter,…
1Opinion of the Court
McCay, Judge.
1. The important question in this case, the construction we are to put upon section 1880 of our Revised Code. That section is as follows: “A joint interest in the partnership property or a joint interest in the profits and losses of the business constitutes a partnership as to third persons. A common interest in profits alone does not.”
Under the testimony of Sankey in these cases, he and Shorter were clearly partners, since, according to his statements, he was to furnish the hands and Shorter the mill, and the profits to be divided equally. According to this there was a joint…
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