Legal Opinion

Bennett v. Woolfolk

Supreme Court of Georgia

Decided February 15, 1854No. 26PublishedCited by 17 opinions

In Equity, in Bibb Superior Court, Decisions by Judge Powers, November Term, 1853. The bill filed by John J. Bennett, in this case, alleged that in September, 1843, he entered into an agreement with D. & W. Gunn, to pursue the business of buying and selling negroes as partners, upon these terms: D. & W. Gunn were to furnish all the funds, and Bennett to attend to the purchases and sales, and the nett profits were to be equally divided between the firm and Bennett; that he…

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In Equity, in Bibb Superior Court, Decisions by Judge Powers, November Term, 1853. The bill filed by John J. Bennett, in this case, alleged that in September, 1843, he entered into an agreement with D. & W. Gunn, to pursue the business of buying and selling negroes as partners, upon these terms: D. & W. Gunn were to furnish all the funds, and Bennett to attend to the purchases and sales, and the nett profits were to be equally divided between the firm and Bennett; that he proceeded to Virginia, and elsewhere, and purchased a large number of negroes, from the date aforesaid until May, 1846,…

1Opinion of the Court

By the Court.

Benning, J.

delivering the opinion.

To the bill in this case, there was a demurrer on ten grounds..

On this demurrer, the judgment of the Court was this: that the demurrer be over-ruled, except the 7th, 8th and 9th grounds, which 7th, 8th and 9th grounds- are allowed, and the-amendment served, August 6th, 1853, is ordered stricken out, and the cause proceed as before said last amendment.

The seventh ground is as.follows : “because said bill and amendment are multifarious in this, that they charge said D. & W. Gunn, in two and distinct capacities”.

The eighth, “ because said amendment…

2Cited by17 opinions

  1. Page v. Citizens Banking Co.Supreme Court of Georgia · 1900
  2. Smith v. HancockSupreme Court of Georgia · 1926
  3. Bedingfield v. ParkersonSupreme Court of Georgia · 1956
  4. Drucker & Brother v. Wellhouse & SonsSupreme Court of Georgia · 1888
  5. Paulk v. CreechCourt of Appeals of Georgia · 1911

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