Carlton v. Grissom & Co.
Supreme Court of Georgia
Complaint on account. Before Judge Westmoreland. City court of Atlanta. July term, 1895. Tbe petition of Grissom & Co. represented that John M. Storey and J. M. B. Carlton were indebted to plaintiff $133.34, besides interest, “as will appear by an itemized account hereto annexed.”
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Complaint on account. Before Judge Westmoreland. City court of Atlanta. July term, 1895. Tbe petition of Grissom & Co. represented that John M. Storey and J. M. B. Carlton were indebted to plaintiff $133.34, besides interest, “as will appear by an itemized account hereto annexed.” This account was dated March 31, 1891, and was for eggs, fowls, etc., charged at various dates from March 18 to March 24, 1891, and the account was made out ag’ainst “J. M. Storey and J. M. B. Carlton, Atlanta, Ga.” The declaration further alleged that before credit was extended to said Storey by petitioners, they…
1Opinion of the Court
Atkinson, Justice.
The official report states the facts.
1. The original declaration alleged a joint liability against the defendants, and it is not altogether certain that even as it stood, without amendment, it was not sufficient to charge the defendant Carlton as a partner with Storey. However that may be, it was sufficient to authorize an amendment alleging the joint liability to be that of partners; and the motion to strike the amendment as introducing new parties and a new and distinct cause of action, was properly overruled.
2. An actual contract by which a partnership is formed is not…
2Cited by10 opinions
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- L. D. Woods and Evelina K. Woods v. Allied Concord Financial Corporation (Delaware)Court of Appeals for the Fifth Circuit · 1967
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- Pope v. Triangle Chemical Co.Court of Appeals of Georgia · 1981
- American Cotton College v. Atlanta Newspaper UnionSupreme Court of Georgia · 1912
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