Huguley v. Morris & Tumlin
Supreme Court of Georgia
Partnership. Principal and agent. Contracts. Promissory notes. Before Judge HlLLYER. Cobb Superior Court. November Term, 1879. Huguley sued Morris & Tumlin on a promissory note for $1,050.00. They pleaded (1), the general .issue,-and (2), that they had embarked in a speculation in negroes, which had been settled up before the note was given—in the nature of a plea of no partnership.
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Partnership. Principal and agent. Contracts. Promissory notes. Before Judge HlLLYER. Cobb Superior Court. November Term, 1879. Huguley sued Morris & Tumlin on a promissory note for $1,050.00. They pleaded (1), the general .issue,-and (2), that they had embarked in a speculation in negroes, which had been settled up before the note was given—in the nature of a plea of no partnership. On the trial the evidence showed, in brief, the following facts: “In 1859 Morris and Tumlin agreed to enter into a speculation in negroes. Tumlin was to furnish the money necessary for buying. Morris was to…
1Opinion of the Court
Jackson, Chief Justice.
Suit was brought by Huguley against Morris & Tumlin on a joint and several note, signed Morris & Tumlin, for $1,050.00. Morris put the signature, Morris & Tumlin, to the note. Tumlin pleaded that he did not sign it or authorize anybody to sign it for him. The reply was that Morris & Tumlin were partners, and therefore Morris had power to sign the note as he did; or that if they were not partners, Morris was Tumlin’s agent in the business out of which the note sprang, and therefore he was empowered in law to sign Tumlin’s name to it. The jury found a verdict for…
2Cases cited3 opinions
- Loomis v. MarshallSupreme Court of Connecticut · 1837
- Sankey & Shorter v. Columbus Iron WorksSupreme Court of Georgia · 1871
- Buckner v. LeeSupreme Court of Georgia · 1850
3Cited by5 opinions
- Brandon & Dreyer v. ConnerSupreme Court of Georgia · 1903
- Turner Bros. v. ClarkeSupreme Court of Georgia · 1915
- Powell v. Moore, Marsh & Co.Supreme Court of Georgia · 1887
- Clegg v. Lyons, Harris & BrooksCourt of Appeals of Georgia · 1923
- Neel v. MorrisSupreme Court of Georgia · 1884