Holland v. Long & Brother
Supreme Court of Georgia
New trial. Evidence. Partnership. Notice. Charge of Court. Before Judge Peeples. Fulton Superior Court. October Term, 1875. Long & Brother brought complaint against the Atlanta Furniture Manufacturing Company, a partnership alleged to be composed of J. M. Willis and E. W. Holland, on two drafts accepted by the firm. The case was dismissed as to Willis, by consent, he having been discharged in bankruptcy. Holland pleaded that he was not a partner.
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New trial. Evidence. Partnership. Notice. Charge of Court. Before Judge Peeples. Fulton Superior Court. October Term, 1875. Long & Brother brought complaint against the Atlanta Furniture Manufacturing Company, a partnership alleged to be composed of J. M. Willis and E. W. Holland, on two drafts accepted by the firm. The case was dismissed as to Willis, by consent, he having been discharged in bankruptcy. Holland pleaded that he was not a partner. On the trial plaintiffs introduced the following evidence: The acceptances, which were in the usual form, signed by the “Atlanta Furniture M’f’g…
1Opinion of the Court
Bleckley, Judge.
1. The plea admitted in evidence was ambiguous as to the name of the company sued in the justice’s court; and that am-, biguity was for the jury to deal with, in the light of all the ■evidence: Code, sections 2754, 3801. One fact calculated to throw light on the matter was, that the time stated in the plea when Mr. Holland ceased to be a partner, was precisely the time indicated in his conversatiou with Mr. Pendleton as that when he withdrew from the “Atlanta Furniture Manufacturing Company.” According to Mr. Holland’s own testimony, the plea and the conversation with…
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