Bainbridge Grocery Co. v. City Grocery Co.
Bainbridge Grocery Co. v. City Grocery Co.
Opinion of the Court
The Bainbridge Grocery Company brought suit on an open account for $105.18 against the City Grocery Company, alleging it to be a partnership composed of E. S. Radney, J. S. Thompson, and Mrs. Belle Thompson. The name of Mrs. Thompson was stricken, and Radney filed a plea of “no partnership,” but admitted liability in the sum of $40.85 (by reason of the fact that he had guaranteed the payment of that amount), and stated that he was willing to pay that amount “if the money can not be made out of J. S. Thompson, the party whose payment on said account defendant guaranteed.” On the trial a traveling salesman of the Bainbridge Grocery Company testified that Radney and Thompson told him that Radney was a member of the firm of City Grocery Company, and that it was solely on the faith his company had in Radney that the goods were shipped. Radney testified that he had no connection with the City Grocery Company; that he did not order any goods for that store; that he had never told, the salesman for the Bainbridge Grocery Company that he was a partner, and that the only time he had ever had any connection with the transaction sued on was when the salesman insisted on .his helping Thompson, and he had agreed to stand good for the one shipment of $40.85. There was introduced in evidence a letter from
It is sufficient to say that we do not consider that there is substantial merit in any of the exceptions to the rulings or charge of the court. While the charge might have been more full on some of the issues, it covered the contentions of the parties sufficiently for the jury to understand the law covering the material issues, and, in the absence of any requests to charge, can not be said to have so injuriously affected the plaintiff as to require the grant of a new trial. After all, the important issues were of fact, and the jury seemed to have believed that the preponderance of the evidence was on the side of the defendant. We do not consider it necessary to discuss here the law of partnership. We construe the verdict as finding against the City Grocery Company and J. S. Thompson for the full amount sued for, as they were correctly instructed to do, and against Badney for the amount for which he admitted he was liable as guarantor, to wit, $40.85. The fact
Case-law data current through December 31, 2025. Source: CourtListener bulk data.