Cobb v. Morris
Supreme Court of Georgia
Arbitration. Party as a witness. Before Judge Harrell., Eandolph Superior Court. November Term, 1870. On the 17th of June 1859, Jacob L. Cobb and James Morris, became partners as negro-traders. On the 22d of June 1860, the business was continued by new articles of partnership.
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Arbitration. Party as a witness. Before Judge Harrell., Eandolph Superior Court. November Term, 1870. On the 17th of June 1859, Jacob L. Cobb and James Morris, became partners as negro-traders. On the 22d of June 1860, the business was continued by new articles of partnership. In July 1864, Morris filed a bill against Cobb, to compel discovery and an account and settlement of said business, and of .a mercantile partnership arising in 1862, out of Cobb’s having bought goods on joint account with funds, etc., furnished under said articles of 22d June, 1860. Under it a Eeceiver took charge of…
1Opinion of the CourtMcCay, J.
This was a motion for a new trial on the ground that the jury found contrary to the testimony, and because the Judge erred in holding Cobb an incompetent witness in his own behalf.
The sole issue before the jury was whether the arbitrators had made certain specified mistahes, in making up their award. One of the mistahes alledged was that the arbitra*674tors had failed to pass upon one of the matters submitted, as appears by the award upon its face; this was done deliberately, there was no mistake about it. They expressly say they do not pass upon it. The parties to the submission are left as to…
2Cited by1 opinion
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