Toombs v. Hill
Supreme Court of Georgia
Exception to award of arbitrators — in Wilkes Superior Court. Decided by Judge Thomas,-Term, 1859. The facts of this case are sufficiently stated in the following opinion pronounced by the Court.
1Opinion of the Court
By the Court.
Benning, J.,
delivering the opinion.
Henry J. Pope and Allen W. Hill were members of a partnership, under the name of H. J. Pope & Co. The assets of that partnership, at its close, amounted to “more than $45,000.” The debts of the partnership exceeded the amount of the assets. As many of the debts as the assets .would pay were paid out of the assets by Mr. Hill; the rest of the debts he paid out of his individual property.
Mr.,Pope died, and Mr. Toombs became Ms administrator. His separate estate, in the hands of Mr. Toombs, amounted to $102,266 68. There wore debts against Pope,…
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