Molyneux v. Collier
Supreme Court of Georgia
In Equity, in Dougherty Superior Court. Decision on demurrer, by Judge Perkins, May Term, 1854. This bill was filed by George W. Collier, andj alleged the following state of facts: Collier, Bracewell and St. George, entered into a partnership, for the purpose of merchandizing at Hawkinsville, under the name of Collier & Bracewell. Edward Molyneux recovered judgment against Collier & Bracewell, with St. George as surety on the appeal, for $9,860, with interest and costs.
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In Equity, in Dougherty Superior Court. Decision on demurrer, by Judge Perkins, May Term, 1854. This bill was filed by George W. Collier, andj alleged the following state of facts: Collier, Bracewell and St. George, entered into a partnership, for the purpose of merchandizing at Hawkinsville, under the name of Collier & Bracewell. Edward Molyneux recovered judgment against Collier & Bracewell, with St. George as surety on the appeal, for $9,860, with interest and costs. The firm was insolvent, and the partners individually liable were in doubtful, if not insolvent circumstances. John Rawls,…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
[1.] When this bill was originally filed, the complainant considered it his interest to make it appear that both St. George, and Bracewell, his co-debtors, were solvent in 1842. And this Court was satisfied, when this case was up before, that this fact was sufficiently alleged by the bill. But taking a'different view of the law of the case, from that entertained by the Counsel for the complainant, the Court held that the very fact that St. George and Bracewell were solvent, instead of constituting a , good reason for sustaining the contract…
2Cases cited1 opinion
- Molyneaux v. CollierSupreme Court of Georgia · 1853
3Cited by3 opinions
- Molyneaux v. CollierSupreme Court of Georgia · 1860
- Campbell Coal Co. v. PanoCourt of Appeals of Georgia · 1935
- Farmers State Bank v. SingletaryCourt of Appeals of Georgia · 1918