Martin v. Tidwell
Supreme Court of Georgia
In Equity in Fayette Superior Court. Motion for new trial. Decided by Judge Warner, March Term, 1867. The bill charged that in the latter part of 1858, Jackson Martin and Wright Martin purchased of Martin Waldroup a tract of land in said county, with the crop thereon, and the stock of cattle, &c., to farm as partners; that they borrowed from John Favor money to assist in said purchase, and gave their joint note therefor; that they made and delivered to said Waldroup their…
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In Equity in Fayette Superior Court. Motion for new trial. Decided by Judge Warner, March Term, 1867. The bill charged that in the latter part of 1858, Jackson Martin and Wright Martin purchased of Martin Waldroup a tract of land in said county, with the crop thereon, and the stock of cattle, &c., to farm as partners; that they borrowed from John Favor money to assist in said purchase, and gave their joint note therefor; that they made and delivered to said Waldroup their joint and several note for $1,137.50, which was in part payment for said land. 1 The notes are exhibited by copies in said…
1Opinion of the CourtWalker, J.
1. The evidence in this case was conflicting; perhaps it preponderated against the verdict; but, as there was a considerable amount of evidence in favor of it, and the Judge who presided on the trial was satisfied, we will not disturb it.
2. The second error alleged, is that the Court charged the jury “ that a partnership might exist where there was a joint interest in property, and a joint interest in profits and losses of any adventure or enterprise.” If there be error in this charge, it was not such an error as defendants below can complain of. The Code, §1892, says, “Ajoint interest in *345the…
2Cases cited3 opinions
- McDougald v. DoughertySupreme Court of Georgia · 1852
- Macon & Western R. R. v. ParkerSupreme Court of Georgia · 1851
- Walker v. MorrisSupreme Court of Georgia · 1853
3Cited by19 opinions
- Beal v. ChaseMichigan Supreme Court · 1875
- Ray v. Home & Foreign Investment & Agency Co.Supreme Court of Georgia · 1899
- Young v. VailNew Mexico Supreme Court · 1924
- Barber v. International Co. of MexicoSupreme Court of Connecticut · 1901
- Flesher v. HaleWest Virginia Supreme Court · 1883
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