Strauss v. Waldo, Barry & Co.
Supreme Court of Georgia
Assumpsit, in Decatur Superior Coiirt Tried before Judge Allen, April Term, 1858. Waldo, Barry & Co. brought suit on two notes against David Strauss and Jacob Strauss, which notes were signed by David Strauss only, and alleged that they were partners, doing business under the name and style of David Strauss. Defendant, Jacob Strauss, pleaded non est factum, and that he was not a partner of the firm of D. Strauss, as alleged, a£ ¿he time the notes were made.
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Assumpsit, in Decatur Superior Coiirt Tried before Judge Allen, April Term, 1858. Waldo, Barry & Co. brought suit on two notes against David Strauss and Jacob Strauss, which notes were signed by David Strauss only, and alleged that they were partners, doing business under the name and style of David Strauss. Defendant, Jacob Strauss, pleaded non est factum, and that he was not a partner of the firm of D. Strauss, as alleged, a£ ¿he time the notes were made. On motion of plaintiffs’ counsel, the Court ordered both pleas to be stricken, the first on the ground that defendant ■could not plead…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
On two notes given by David Strauss alone, the payees sue, and seek to charge Jacob Strauss as a partner. Jacob Strauss put in the plea of non est factum. It was demurred to, and ordered tobe stricken out by the Court, upon the authority of Collier and others vs. Cross and another, (20 Ga. Rep. 1,) and this case certainly sustains the Court in its decision.
I was not present when Collier and Cross was adjudicated. Of course, I shall bow to that decision, as to all others snade by this Court, as law.
The defendant, Jacob Strauss, further pleaded,…
2Cases cited1 opinion
- Collier v. CrossSupreme Court of Georgia · 1856