Phillips v. Trowbridge Furniture Co.
Supreme Court of Georgia
Partnership. Evidence. Title. Principal and surety. Before Judge Miller. Bibb superior court. April term, 1890. The TroAvbridge Furniture Company brought its bill against C. A. Neal and Mrs. Phillips, for the foreclosure of a mortgage alleged to have been given it by Mrs. Phillips to secure a credit for certain goods sold to Neal, it being alleged that Neal and Mrs. Phillips were partners at the time of the transactions in question.
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Partnership. Evidence. Title. Principal and surety. Before Judge Miller. Bibb superior court. April term, 1890. The TroAvbridge Furniture Company brought its bill against C. A. Neal and Mrs. Phillips, for the foreclosure of a mortgage alleged to have been given it by Mrs. Phillips to secure a credit for certain goods sold to Neal, it being alleged that Neal and Mrs. Phillips were partners at the time of the transactions in question. Mrs. Phillips answered, asserting that she was merely a surety for Neal, was never in partnership with him,' but was interested in a portion of the net profits of…
1Opinion of the Court
Simmons, Justice.
1. One of the main issues in this case was whether *703Mrs. Phillips was a partner of Neal. The plaintifl in its declaration alleged that she was; she denied it. It is complained of as error in the eighth ground of the motion for a new trial that, pending the trial, Kendall, the agent of the plaintifl, was allowed to testify, over objection of the defendant, “that Neal stated to him in Atlanta that Mrs. Philips was going in with, him and would furnish security to the amount of a thousand dollars.” We think the judge erred in admitting this testimony. It was a statement by Neal,…
2Cases cited1 opinion
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