Dalton City Co. v. Hawes & Willoughby
Supreme Court of Georgia
Complaint. Partnership. Tried before Judge Milner. Whitfield Superior Court. October Term, 1867. This case was before the Supreme Court at March Term, 1862, and a new trial was granted. The only question brought up this time is, whether E. K. Ford and the Dalton City Company were partners.
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Complaint. Partnership. Tried before Judge Milner. Whitfield Superior Court. October Term, 1867. This case was before the Supreme Court at March Term, 1862, and a new trial was granted. The only question brought up this time is, whether E. K. Ford and the Dalton City Company were partners. Counsel for the Company admit that in said decision of the Supreme Court, it was held that they were partners, but because the attorney for the Company was absent during the trial in the Superior Court, in 1862, and at the argument in the Supreme Court aforesaid, etc., they ask the Supreme Court to review…
1Opinion of the Court
Habéis, J.
- The plaintiff in error was sued as a copartner with E. K. Ford, under thqname of E. E. Ford & Co., by which firm name a draft at six months for $815.87, drawn by Hawes & Willoughby, was accepted.
The plaintiff in error denied the partnership. To establish below the partnership, the plaintiff there put in evidence an instrument in writing purporting to be a lease by the Dalton City Company to E.. E. Ford, of its steam mill and machinery, and whereby the defendant, as rent for the same, reserved one-half of net profits, etc., and also produced an exemplification of the case of the…
2Cited by2 opinions
- Brandon & Dreyer v. ConnerSupreme Court of Georgia · 1903
- Callaway v. Waxelbaum Co.Supreme Court of Georgia · 1907