Farley v. Groover
Farley v. Groover
Opinion of the Court
W. T. Farley sued “C. W. Groover and H. L. Moz
1. The present case was directed against both of the defendants, jointly and severally, and judgment was prayed against them accordingly. In such a suit a verdict may be rendered against one or both of the defendants, depending on which sort of a verdict in this respect is authorized by the evidence. And in a suit against two named persons doing business under a firm name, a verdict against one of them may be sustained, where the evidence authorizes such a verdict, although no liability is shown against the other defendant. This principle of law is well settled under numerous decisions of this court and the Supreme Court. Zaban
2. Consequently, under the pleadings and the evidence in the case at bar, the court erred in charging the jury: “The issue for you to decide is whether or not a partnership existed between Mozley and Groover, so as to bind them for the indebtedness of Yesta Avenue Hatchery. If you believe that Groover and Mozley were not partners in the business, neither Groover nor Mozley would be liable in this case. If you find that no partnership existed, your verdict will be as follows: We, the jury, find for the defendants.” This erroneous charge,, which was properly excepted to, requires a reversal of the judgment. Savannah Guano Co. v. Christian, 159 Ga. 600 (3) (126 S. E. 376).
3. While one of the defendants admitted in his testimony that the account sued on was correct, still it would have been proper for the court to allow in evidence certain books of original entry tendered by the plaintiff, the rejection of which is excepted to in ground 2 of the amended motion for new trial.
4. The following approval or entry on the motion for new trial was sufficient to authorize a consideration of the grounds of said motion by this court, especially where there was no objection made thereto before the trial judge: “The above and foregoing amended motion for new trial is hereby allowed, and it is ordered that the same be filed.” Booth v. Schmoller, 32 Ga. App. 35 (122 S. E. 636); Georgia State Bank v. Harden, 32 Ga. App. 300 (124 S. E. 68). The objection in this respect by the defendant in error is without merit.
Judgment reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.