Thompson v. McDonald
Supreme Court of Georgia
Certiorari. Actions. Accounts. Partnership. Before Judge Hutchins. Jackson superior court. February term, 1889. Action injustice’s court by E. A. McDonald against Mi's. P. G. Thompson, upon an account for sawing lumber.
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Certiorari. Actions. Accounts. Partnership. Before Judge Hutchins. Jackson superior court. February term, 1889. Action injustice’s court by E. A. McDonald against Mi's. P. G. Thompson, upon an account for sawing lumber. Yerdict for the plaintiff for $31.69. Petition for certiorari, alleging that the evidence showed that the credit was given to defendant’s husband; that either Hall or M. L. McDonald was a partner in the lumber sued for ; and that there had been a former recovery upon the contract under which the lumber was sawed. Dismissal of certiorari, and exception by defendant. The opinion…
1Opinion of the Court
Bleckley, Chief Justice.
1. According to the evidence for both parties, the lumber sued for by McDonald was included in the contract made by McDonald in behalf of Hall and McDonald with Mrs. Thompson, the plaintiff in error. It was so charged on the books kept by Hall and McDonald, and was included in the action which they brought against her and in which they recovered, after striking from their bill of particulars these items of lumber. They thus had a recovery against her for a part of the lumber included in their general account, which account was the result of one and the same contract…
2Cases cited2 opinions
- Evans v. CollierSupreme Court of Georgia · 1887
- Macon & Augusta Railroad v. GarrardSupreme Court of Georgia · 1875
3Cited by20 opinions
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- Staten v. General Exchange InsuranceCourt of Appeals of Georgia · 1928
- Jones v. SchacterCourt of Appeals of Georgia · 1922
- Johnson v. KlassettCourt of Appeals of Georgia · 1911
- Waller v. MorrisCourt of Appeals of Georgia · 1949
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