Phillips v. Trowbridge Furniture Co.
Supreme Court of Georgia
Bill to foreclose mortgage. Before Judge Miller. Bibb superior court. April term, 1892. This case was formerly before tbe Supreme Court. 86 Ga. 699. At a subsequent trial tbe plaintiff again obtained a verdict and decree against Mrs. Phillips, and ber motion for a new trial was overruled.
Read the full summary
Bill to foreclose mortgage. Before Judge Miller. Bibb superior court. April term, 1892. This case was formerly before tbe Supreme Court. 86 Ga. 699. At a subsequent trial tbe plaintiff again obtained a verdict and decree against Mrs. Phillips, and ber motion for a new trial was overruled. Tbe substantial grounds of tbe motion are, that tbe court erred in bolding that under tbe facts in evidence Mrs. Phillips was a partner with Neal so far as third persons were concerned, and in leaving tbe jury to find only tbe amount due, instead of submitting to them, as a question of fact, whether or not…
1Opinion of the Court
*597Judgment TCvevsed.
Dorsett testified: I was about the store most of the time while Neal was running his furniture business. Mrs. Phillips’ connection with Neal was, she was Neal’s security, that is, she made a mortgage as security for him. She was not a partner. I arranged the whole thing for her. Neal was to give her one third of the net profit, for making this security for him. I w7as about there all the time. Neal and I kept books together. Mrs. Phillips in making the contract reserved the right to look into the business at any time to see that there was enough to secure her against loss,…
2Cited by2 opinions
- Corbin v. CollumSupreme Court of Georgia · 1931
- Jackson v. JacksonCourt of Appeals of Georgia · 1979