Zorn v. Hannah & Co.
Supreme Court of Georgia
Complaint for damages. Before Judge Smith. Upson superior court. November term, 1895. Zorn, suing for the use of Adams & Co., alleged that Hannah & Co. were indebted to him for said use $156.72, being the value of four'bales of cotton stored with defendants as warehousemen on the 22d and 27th of November, 1893, as appeared by copies of receipts for the cotton annexed; that -the four bales- aggregated in weight 1959 pounds and were reasonably worth the sum above mentioned;…
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Complaint for damages. Before Judge Smith. Upson superior court. November term, 1895. Zorn, suing for the use of Adams & Co., alleged that Hannah & Co. were indebted to him for said use $156.72, being the value of four'bales of cotton stored with defendants as warehousemen on the 22d and 27th of November, 1893, as appeared by copies of receipts for the cotton annexed; that -the four bales- aggregated in weight 1959 pounds and were reasonably worth the sum above mentioned; and that petitioner had demanded of Hannah & Co. said four bales, which they had refused. Attached to the declaration were…
1Opinion of the CourtLumpkin, J.
The declaration, with or without the amendment, set forth a cause of action, and it was therefore error to dismiss the action on general demurrer. Judgment reversed.
Defendants demurred upon the ground, that plaintiff’s cause of action, if any exists, is not sufficiently, plainly and distinctly set forth; and that the allegations are too general and not distinctly alleged. The demurrer was sustained, and plaintiff excepted. R. V. Hardeman & Son and Worrill & Lester, for plaintiff. M. H. Stmdioich and J. Y. Allen, for defendants.
2Cited by4 opinions
- Livingston v. Anderson & SonCourt of Appeals of Georgia · 1907
- Zorn v. Hannah & Co.Supreme Court of Georgia · 1898
- Netzow Manufacturing Co. v. Southern Railway Co.Court of Appeals of Georgia · 1909
- Roper v. StateCourt of Appeals of Georgia · 1944