Bass v. Winfry
Supreme Court of Georgia
Complaint, in Floyd Superior Court. Tried before Judge Trippe, February Term, 1856. Nathan Bass sued John B. Winfry as surviving co-part', ner of the late firm of Price & Winfry, (which firm was composed of defendant and William T. Price,) on an open account, for $37 76. The defendant pleaded a set-off, alleging that plaintiff was indebted to the late firm of Price & Winfry, in the sum of one hundred dollars and twenty-two cents, the amount paid-; to the Tax Collector of…
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Complaint, in Floyd Superior Court. Tried before Judge Trippe, February Term, 1856. Nathan Bass sued John B. Winfry as surviving co-part', ner of the late firm of Price & Winfry, (which firm was composed of defendant and William T. Price,) on an open account, for $37 76. The defendant pleaded a set-off, alleging that plaintiff was indebted to the late firm of Price & Winfry, in the sum of one hundred dollars and twenty-two cents, the amount paid-; to the Tax Collector of Floyd County, by Price, for the said, plaintiff, and at his request. On the trial, Charles H. Smith, sworn: John B. Win',…
1Opinion of the Court
By the Court.
Benning, J.
delivering the opinion.
[1.] The question for the Jury was, whether the payment made by Price to the Tax Col. for Bass, and pleaded as a set-off, was a payment made by Price as a member of the firm of Price & Winfry, or as not a member of that firm.
On this question Pitman Lumpkin’s testimony was not <c irrelevant.” It showed a payment to have been made by Price. It was merely silent as to the character in which Price acted in making the payment.
It seems that Bass had sold to Price & Winfry a saw-mill, and had taken from them, in payment-, their two promissory notes; and…
2Cited by1 opinion
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