Wiley, Banks & Co. v. Allen & Stanford
Supreme Court of Georgia
Complaint, in Habersham Superior Court.. Tried before Judge Hutchins, at October Term, 1858. This was an action by Wiley, Banks & Co., merchants of Charleston, South Carolina, against Allen & Stanford, late merchants doing business in Lawrenceville, Ga., on their promissory notes — one for $1,443 11, one for $979 28, .and one $429 17. The plaintiffs offered in evidence the notes sued on, and closed.
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Complaint, in Habersham Superior Court.. Tried before Judge Hutchins, at October Term, 1858. This was an action by Wiley, Banks & Co., merchants of Charleston, South Carolina, against Allen & Stanford, late merchants doing business in Lawrenceville, Ga., on their promissory notes — one for $1,443 11, one for $979 28, .and one $429 17. The plaintiffs offered in evidence the notes sued on, and closed. The defendant then introduced the interrogatories of Nathan L. Hutchins, the presiding Judge, which, by agreement of parties, were read; the answers to which areas follows: “ On or about the 14th…
1Opinion of the Court
By the Court.
Lumpkin J.
delivering the opinion.
Allen & Stanford being partners in merchandise, Allen draws eight hundred and forty dollars in money from the store, charges himself with it on the cash-book, and applies it in payment of an individual note which he owes to the plaintiffs, Wiley, Banks & Co.; and the question is, whether they can be compelled to allow this amount to go as a credit upon the firm debt of Allen & Stanford, owing them, unless they, or their agent, Judge Hutchins, had notice, express or implied, that the $840 was partnership money; or, at least, unless the.…
2Cited by4 opinions
- Colonial Oil Co. v. United States Guarantee Co.District Court, S.D. Georgia · 1944
- United States Guarantee Co. v. Colonial Oil Co.Court of Appeals for the Fifth Circuit · 1944
- Clarke v. Farrell & Co.Supreme Court of Georgia · 1888
- McGhees & Co. v. McCutchen & KirkseySupreme Court of Georgia · 1889