45 Ga. 138 | Ga. | 1872
William E. Davis and Cox were partners. In 1867, Davis sold out to Cox his interest in the partnership stock, consisting of boots, shoes, leather, etc., in their store, in Macon, for about $ 1,500, for.which he took Cox’s notes, payable to Joseph O. Davis, his father. Afterwards, Banks, the brother-in-law of Cox, bought out Cox, to secure an
We think, then, at common law, the undertaking of Banks was an original one. But was not the agreement between Lanier, Cox and Banks an assignment of the debt of the last-named to the complainant, in payment of Cox’s debt to him, assuming, of course, Lanier’s statement to be