Legal Opinion

Winter v. Matthews, Burke & Cameron

Supreme Court of Georgia

Decided January 15, 1871PublishedCited by 5 opinions

Amendment. New Trial. Before Judge Johnson. Muscogee Superior Court. May Adjourned Term, 1870. *The petition'of Matthews, Burke & Cameron averred that at certain times, therein set forth, they furnished Winter certain specified sums of money to be, by him, invested in high wines for their benefit, upon his promise, within a ’specified time, to return said money and part of the profits on said high wines, and that he did not make such investment and would not repay said…

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Amendment. New Trial. Before Judge Johnson. Muscogee Superior Court. May Adjourned Term, 1870. *The petition'of Matthews, Burke & Cameron averred that at certain times, therein set forth, they furnished Winter certain specified sums of money to be, by him, invested in high wines for their benefit, upon his promise, within a ’specified time, to return said money and part of the profits on said high wines, and that he did not make such investment and would not repay said money. Winter pleaded that he did make the investment as directed by plaintiffs, and that the investment was to be and was in…

1Opinion of the CourtLochrane, C. J.

I. This was a motion for a new trial upon the grounds that the jury found contrary to the evidence and law. A preliminary question is made on the pleadings as to the uncertainty of the plaintiffs’ petition. The suit was originally in favor of Matthews, Burke & Cameron, and, without objection, was amended by adding a general money count, and the name of F. E. Brocket, who sues for their use. We need not say that under our laKv amendments are allowed at any stage of the proceedings, as matter of right, and either in form or substance, if there be enough in the pleadings to amend by. Section of…

2Cited by5 opinions

  1. Sybilla v. ConnallyCourt of Appeals of Georgia · 1942
  2. Estes v. ThompsonSupreme Court of Georgia · 1893
  3. Adams v. BarlowSupreme Court of Georgia · 1882
  4. Germania Bank v. Collins, Grayson & Co.Supreme Court of Georgia · 1901
  5. Green Hotels, Inc. v. Citizens & Southern National BankCourt of Appeals of Georgia · 1963

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