Legal Opinion

Davis v. McKibben

Court of Appeals of Georgia

Decided February 18, 1935No. 23925PublishedCited by 1 opinion

1Opinion of the CourtStephens, J.

1. Where one partner is inactive in the business and lias no knowledge of the state of the business, and the other partner, with knowledge of these facts knowingly makes a false representation as to the extent of the partnership’s liabilities to third persons and thereby induces the other partner to purchase the business and become liable for its unpaid debts, and where the partner purchasing the business relies upon these representations, the partner making the representations is guilty of a fraud upon the other partner and is liable to' the latter in damages. The partner who is inactive in…

2Cases cited5 opinions

  1. Hunt v. Hardwick & Co.Supreme Court of Georgia · 1881
  2. Cheney v. PowellSupreme Court of Georgia · 1892
  3. Marietta Fertilizer Co. v. BeckwithCourt of Appeals of Georgia · 1908
  4. Smith v. ShinnCourt of Appeals of Georgia · 1923
  5. Fellows v. SappCourt of Appeals of Georgia · 1932

3Cited by1 opinion

  1. Blashke v. Standard (In Re Standard)United States Bankruptcy Court, N.D. Georgia · 1991

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