Legal Opinion

Whitt v. Blount

Supreme Court of Georgia

Decided January 12, 1906PublishedCited by 15 opinions

Complaint. Before Judge Hodges. City court of Macon. June .19, 1905. ' A. S. Blount sued D. S. Whitt and G. E. Artope on three promissory notes given by the defendants to the plaintiffs, dated October 10, 1903, aggregating $500, and due respectively two, four, and six 'months after date.

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Complaint. Before Judge Hodges. City court of Macon. June .19, 1905. ' A. S. Blount sued D. S. Whitt and G. E. Artope on three promissory notes given by the defendants to the plaintiffs, dated October 10, 1903, aggregating $500, and due respectively two, four, and six 'months after date. The defendants filed the following plea: In 1903 defendants entered into a contract with plaintiff, “in which he Agreed to work for a business known as the ATtope & Whitt Company and owned by them.” Under this contract he was given ■control and management of their marble yard at' Bocky Mount, North Carolina,…

1Opinion of the CourtCandler, J.

1. The name “Artope & Whitt Company/’ without more, would import a corporation; but when it is designated in. the plea as “a business known as the Artope & Whitt Company and owned by” defendants, and is considered in connection with all the-other allegations of the plea relating thereto, it clearly appears that, it was not a corporation, but a mere trade name under which defendants were conducting their business.

2. The Civil Code, §3536, declares: “Duress consists in any illegal imprisonment or legal imprisonment used for an illegal purpose, or threats of bodily or other harm, or other means…

2Cases cited1 opinion

  1. Atlanta Glass Co. v. NoizetSupreme Court of Georgia · 1891

3Cited by15 opinions

  1. Charter Medical Management Co. v. Ware Manor, Inc.Court of Appeals of Georgia · 1981
  2. Charles v. Valdosta Foundry & Machine Co.Court of Appeals of Georgia · 1908
  3. Fenwick Shipping Co. v. Clarke Bros.Supreme Court of Georgia · 1909
  4. Williams v. RENTZ BANKING COMPANYCourt of Appeals of Georgia · 1965
  5. Woods v. WrightCourt of Appeals of Georgia · 1982

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