Clark Bros. v. Wyche
Supreme Court of Georgia
Garnishment and claim. Before Judge Wright. Eloyd superior (court. July 11, 1905. It was admitted by the defendant in error during the trial of this case “that the George Foundry and Machine Works was not ¡a corporation, but that Mrs. C. M. Wyche conducted business under the name and style of George Foundry and Machine Works.” The '.evidence upon the trial further showed that Clark Brothers delivered to the machine works for repair certain machinery.
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Garnishment and claim. Before Judge Wright. Eloyd superior (court. July 11, 1905. It was admitted by the defendant in error during the trial of this case “that the George Foundry and Machine Works was not ¡a corporation, but that Mrs. C. M. Wyche conducted business under the name and style of George Foundry and Machine Works.” The '.evidence upon the trial further showed that Clark Brothers delivered to the machine works for repair certain machinery. After it was repaired they executed a mortgage thereon to secure payment of the charges for repair. The mortgage did not disclose the true name…
1Opinion of the CourtAtkinson, J.
The only reasonable construction of the evidence "leads to the conclusion that Mrs. Wyche conducted the foundry and machine works, employing the assumed name merely for the purposes of convenience. It was her business and she was the real person at interest. The fact that she conducted the business under a separate name rendered the business no less her individual enterprise, and rendered her no less responsible for its obligations. Under circumstances such as connect Mrs. Wyche with the George Foundry and Machine Works as indicated by the record in this • case, the presumption is that the…
2Cases cited8 opinions
- Western & Atlantic Railroad v. Dalton Marble WorksSupreme Court of Georgia · 1905
- Sparks v. Dispatch Transfer Co.Supreme Court of Missouri · 1891
- Barbour v. Albany Lodge, No. 24Supreme Court of Georgia · 1884
- Baumeister v. MarkhamCourt of Appeals of Kentucky · 1897
- Fallon v. KehoeCalifornia Supreme Court · 1869
3 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Eslinger v. HerndonSupreme Court of Georgia · 1924
- Hudgins Contracting Co. v. RedmondSupreme Court of Georgia · 1934
- Charles v. Valdosta Foundry & Machine Co.Court of Appeals of Georgia · 1908
- Parker v. KilgoCourt of Appeals of Georgia · 1964
- Smith v. Commissioners of Roads & RevenueSupreme Court of Georgia · 1944
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