Hagedorn v. Zemurray
Court of Appeals of Georgia
Complaint; from city court of LaGrange — Judge Duke Davis. October 31, 1921. Zemurray sued Hagedorn upon an account for bananas sold to Pappas under the following letter .written by Hagedorn and addressed to one Wineberger, a friend and business associate of Zemurray, which was delivered in person by Wineberger and Pappas to Zemurray’s business manager, and upon the faith of which it was alleged and testified the credit was given; “ This will introduce to you Mr. Geo.
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Complaint; from city court of LaGrange — Judge Duke Davis. October 31, 1921. Zemurray sued Hagedorn upon an account for bananas sold to Pappas under the following letter .written by Hagedorn and addressed to one Wineberger, a friend and business associate of Zemurray, which was delivered in person by Wineberger and Pappas to Zemurray’s business manager, and upon the faith of which it was alleged and testified the credit was given; “ This will introduce to you Mr. Geo. Pappas, of LaGrange, who is going into the wholesale produce business. He wants to form a connection for buying bananas in…
1Opinion of the CourtJenkins, P. J.
1. Even though a demurrer may have been erroneously overruled, if “ subsequently during the trial the petition was amended so as to cover the defect at which the demurrer pointed, such erroneous ruling .was thereby rendered harmless.” Harris v. Lumpkin, 136 Ga. 47 (2) (70 S. E. 869); Pacific Selling Co. v. Albright-Prior Co., 3 Ga. App. 143 (2) (59 S. E. 468). Assuming but not holding that the defendant, under the writing- sued upon, was. a guarantor rather than surety, and not subject to suit jointly with the principal (Holmes v. Schwab, 141 Ga. 44 (3), 80 S. E. 313; Sims v. Clark, 91 Ga.…
Also in this document: Concurrence.
2Cases cited12 opinions
- Manry v. Waxelbaum Co.Supreme Court of Georgia · 1899
- McMillan v. Heard National BankCourt of Appeals of Georgia · 1917
- Musgrove v. Luther Publishing Co.Court of Appeals of Georgia · 1908
- Small Co. v. ClaxtonCourt of Appeals of Georgia · 1907
- Penn Tobacco Co. v. Leman & Co.Supreme Court of Georgia · 1899
7 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Arkansas Fuel Oil Co. v. YoungCourt of Appeals of Georgia · 1941
- General Finance Corp. v. WelbornCourt of Appeals of Georgia · 1958
- Rawleigh Co. v. EtheridgeCourt of Appeals of Georgia · 1927
- LaGrange Lumber & Supply Co. v. Farmers & Traders BankCourt of Appeals of Georgia · 1927
- Stein v. RichmanCourt of Appeals of Georgia · 1923
1 more not listed; retrieve them via the Exa API.