Thompson & Wilkes v. Mallory Brothers & Co.

Supreme Court of Georgia

Thompson & Wilkes v. Mallory Brothers & Co.

33 S.E. 986, 108 Ga. 797, 1899 Ga. LEXIS 435

CourtSupreme Court of Georgia

DecidedJuly 24, 1899

StatusPublished

Cited by1 cases

This text of 33 S.E. 986 (Thompson & Wilkes v. Mallory Brothers & Co.) 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

Thompson & Wilkes v. Mallory Brothers & Co., 33 S.E. 986, 108 Ga. 797, 1899 Ga. LEXIS 435 (Ga. 1899).

Pincite

Opinion

Lumpkin, P. J.

1. Upon the trial of an issue of partnership or no partnership, the declarations of one of the alleged partners, whether oral or written, are inadmissible against another of them to prove the fact of partnership.

2. If upon the trial of an action against an alleged partnership the existence of the firm is established by competent evidence, then admissions against interest made by one of the partners within the scope of the business of the partnership are admissible to show liability upon its part.

3. At the trial now under review the court erred in not following the principles above announced, and consequently there should be another hearing. Judgment reversed.

All the Justices concurring.

Complaint. Before Judge Gamble. Tattnall superior court. October term, 1898.

Isaiah Beasley and James K. Hines, for plaintiffs in error. J. V. Kelley and Hall & Wimberly, contra.

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