Loyd v. Camp

158 S.E. 40, 172 Ga. 510, 1931 Ga. LEXIS 134
CourtSupreme Court of Georgia
DecidedMarch 13, 1931
DocketNo. 7953
StatusPublished
Cited by8 cases

This text of 158 S.E. 40 (Loyd v. Camp) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Loyd v. Camp, 158 S.E. 40, 172 Ga. 510, 1931 Ga. LEXIS 134 (Ga. 1931).

Opinion

Russell, C. J.

As appears from the record, J. E. Camp, W. B. Loyd, W. H. Mitchell, and Kieffer Lindsey were partners in the contracting business. In the course of personal dealings or in the conduct of the partnership business Camp was the holder of an obligation in which he and the other partners, by promissory note, undertook to pay to J. E. Camp the sum of $3,000, with interest at the rate of eight per cent, per annum from the date of the note, April 8, 1925. This paper was indorsed by Camp, and by him thereafter hypothecated to a bank, and later paid off by him. The business of the partnership having been closed, Camp brought suit in the superior court to recover from his partners, by way of contribution, three fourths of the unpaid balance upon the note. The defendants filed an answer and cross-bill, denying owing anything to the plaintiff on the note sued on; and averring that certain money for work done by the partnership had been paid to Camp for the partnership, and that unused material and equipment belonging to the firm, amounting to at least ten thousand dollars, was sold and the money received by Camp; and “that upon a full and correct accounting to defendants for said funds, it will be found that the note sued on and all other indebtedness of said firm has been fully paid, and that these defendants are not indebted to plaintiff in any sum whatever, but that on the contrary the plaintiff will be found indebted to said firm in the sum of $5000 or other [511]*511large sum.” They, also in this cross-bill required the plaintiff, by way of discovery, to file in court a statement of moneys received and disbursed by him for the partnership. Such statement was filed by the plaintiff in response to an order of the court on the prayer of the cross-bill. Thereafter the case was referred to an auditor, who found as follows: “I find that the evidence adduced before the auditor is insufficient to show that either partner has appropriated to his own use and benefit any of the assets of the partnership for which he should account to the partnership, or any member of the partnership. . . The plaintiff has proved his claim on the note sued upon, to the satisfaction of the auditor; and I find that the amount due on said note is the sum of $1,649.64 as balance of principal due as of May 17, 1927, and that interest on that amount at eight per cent per annum from May 17, 1927, to this date is $3,84.03, from which should be deducted the sum of $15.00 appearing as credit on said note as of February 2, 1929, leaving a balance of interest to this date of $369.03. I further find that one fourth of said amounts should be deducted as plaintiff’s proportion of the obligations on said note. I therefore find in favor of the plaintiff, and against the defendants and each of them, jointly and severally, the sum of $1,237.23 as balance of principal, $276.77 as interest to this date, and $151.40 as ten per cent, of said principal and interest as attorney’s fees.”

The defendants filed no exception of law, but they filed the following exceptions of fact to the report of the auditor:

(1) “They except to the finding of facts third, that the evidence submitted to the auditor does not sustain the contentions of the defendants as set out in paragraphs 11, 12, 13, 14, and 15 of the original answer, and say that said finding is contrary to all of the evidence in the case, and is specially contrary to the testimony of W. H. Mitchell, one of the defendants, who testified on behalf of the defendants, his evidence beginning on page 18 of the transcript of the evidence and continuing through and ending on page 31 of the transcript filed by the auditor, and beginning again on page 63 of the transcript of the evidence and ending on page 67 of such transcript. Such finding is also contrary to the testimony of the defendant W. B. Loyd, beginning on page 31 of such transcript and continuing through all the pages and ending on page fifty-one (51) and the testimony of W. B. Loyd as set forth in said transcript [512]*512beginning on page 60 and extending through page 62 of the transcript. It is also contrary to the testimony of G. M. Russell as set out on page 51 of said transcript of evidence. It is also contrary to the testimony of Kieffer Lindsey as set out in said transcript and beginning on page 52 of said transcript and continuing through page 59 of said transcript. The evidence material to this exception is set forth in the testimony of W. H. Mitchell on pages 18 to 31 inclusive, and on pages 63 to 67 inclusive, as set forth in the transcript, and the evidence of W. B. Loyd as set forth and contained on pages 31 to 51 inclusive, and pages 60 to 62 inclusive, of said transcript, and the evidence of G. M. Russell as set forth on page 51 of said transcript, and the testimony of Kieffer Lindsey as contained in pages 52-59 inclusive of said transcript, and the testimony of J. E. Camp as set forth on pages 2 to 17 inclusive of said transcript and on pages 68 to 80 inclusive of said transcript of the evidence. Defendants refer to said testimony by page in the transcript of the evidence reported and filed by the auditor.”
(2) "They'say that the finding of the auditor as set forth' in his fifth finding of fact, that the partnership received the several sums of money referred to in the 4, 5, 7, 8, 9, and 12 paragraphs of the amendment to the defendant’s answer is contrary to all of the evidence in the case and is without any evidence to support it, and the finding that the partnership is not entitled to any credit on the note sued on for said amounts is contrary to all of the evidence in the case and without any evidence to support it, and the defendants specify in support of this exception all of the evidence admitted by the auditor and filed in the ease; and especially is such finding contrary to the evidence of W. EL Mitchell as appears beginning on page 18 and extending through page 31, and beginning again on page 63 and extending through page 67 of the transcript; and the testimony of W. B. Loyd beginning on page 31 and extending through page 62 of said transcript; and the testimony of G. M. Russell as set out on page 51 of said transcript; and the testimony of Kieffer Lindsey as set.out beginning on page 52 and extending through' page 59 of said transcript; and the testimony of J. E. Camp beginning on page 2 and extending through page 17 and beginning again on page 68 and extending through page 80 of said transcript; the testimony relied upon in support of this exception being all the testimony of the above-named [513]*513witnesses an cl is Set forth in the transcript on the pages named and referred to.”
(3) “They except to the tenth finding of fact on the ground that the finding is contrary to all of the evidence submitted and is without evidence to support it, and specify all of the evidence admitted and contained in the auditor’s report, and especially the testimony of J. E. Camp in full, as contained on pages 2 to 17 inclusive, and pages 68 to 80 inclusive, of the transcript of the evidence. Also the testimony of W. H. Mitchell in full, as set out on pages 18 to 31 inclusive, and pages 63 to 67 inclusive, of the transcript of the evidence. Also the testimony of G-. M. Eussell as set out in full on page 51 of the record of the evidence. Also the testimony of W. B. Loyd as set out in full on pages 31 to 51 inclusive, and pages 60 to 61 inclusive, of said transcript of the evidence. Also the testimony of Kieifer Lindsey as set out in full on pages 52 to 59 inclusive of the transcript of the evidence.”

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Cite This Page — Counsel Stack

Bluebook (online)
158 S.E. 40, 172 Ga. 510, 1931 Ga. LEXIS 134, Counsel Stack Legal Research, https://law.counselstack.com/opinion/loyd-v-camp-ga-1931.