Legal Opinion

Miller & Co. v. McKenzie

Supreme Court of Georgia

Decided November 14, 1906PublishedCited by 11 opinions

Attachment. Before Judge Eeid. City Court of Atlanta. January 15, 1906. The plaintiff instituted by attachment an action of assumpsit against Miller & Co., a firm whose members were non-residents of the. State.

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Attachment. Before Judge Eeid. City Court of Atlanta. January 15, 1906. The plaintiff instituted by attachment an action of assumpsit against Miller & Co., a firm whose members were non-residents of the. State. The declaration is in part as follows: “(2) Petitioner shows that said defendants are indebted to him in the principal sum of $1,382.57, besides interest, by reason of the following facts: On January 25, 1904, jurar petitioner bought of the defendants 10,000 bushels of wheat at 91 3/8 cents per bushel, and defendants executed to petitioner on said date their contract for the same.…

1Opinion of the CourtAtkinson, J.

(After stating the facts.) ■

1. Under the view we take of the matter, the question of variance between the averments and the proof as to the $700 transaction becomes immaterial. Let the petition be construed as contended by counsel for the defendant in error, and the verdict is still unauthorized by the evidence. It was necessar}', under either construction of the petition, that the plaintiff should show that there had been a sale of the wheat in conformity to his order. He swore that he had given the order to sell. He did not know and did not pretend to know whether a sale had taken place. He…

2Cases cited4 opinions

  1. Luquire v. LeeSupreme Court of Georgia · 1905
  2. Central Railroad & Banking Co. v. MaltsbySupreme Court of Georgia · 1892
  3. Claflin & Co. v. BallanceSupreme Court of Georgia · 1893
  4. Moultrie Lumber Co. v. Driver Lumber Co.Supreme Court of Georgia · 1905

3Cited by11 opinions

  1. Georgia Railway & Electric Co. v. HarrisCourt of Appeals of Georgia · 1907
  2. Egli v. HuttonOregon Supreme Court · 1931
  3. Augusta Coach Co. v. LeeCourt of Appeals of Georgia · 1967
  4. Hale v. HaleCourt of Appeals of Georgia · 1922
  5. Shaw v. McKenzieSupreme Judicial Court of Maine · 1932

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