105 Ga. 217 | Ga. | 1898
The defendant in error brought suit in the court below against O. B. Griffeth, E. R. Hodgson, A. H. Hodgson, and J. M. Hodgson, whom he alleged to be partners using the firm name of the Henderson Warehouse Company, and that they were indebted to him in the sum of seven hundred and twenty-two dollars and seventy-five cents on an open account, a bill of particulars showing the items being attached to the petition.
The defendants answered the petition, and, after admitting the formal parts, and denying certain material allegations, set up as their defense the following facts. Under their contract they were to have thirty cents per bale on one hundred and twenty bales of cotton for each month the same remained in their warehouse; they agreed for the price mentioned to insure petitioner’s cotton and keep the same insured, and they did insure it and keep the same insured in the manner usually followed by warehousemen, and complied fully with their contract in relation to insurance. They aver that while it is true the three hundred and forty-one bales of cotton, marked as alleged in the petition, were sent to their warehouse, it is not true that all were there under the contract mentioned; that one hundred and twenty bales were there at thirty cents per month, and that ninety-seven of these were there twenty months, and twenty-one bales for seventeen months. They aver as true that in the summer of 1895 plaintiff sold his cotton, and paid defendants for insurance on three hundred and forty-one bales for the actual time the cotton was in the warehouse. They deny that the insurance was ten cents per month. They aver that at the time of the settlement they had performed their part of the contract, and presumed the plaintiff knew it. They deny that at the time of the settlement the plaintiff made any claim as to the want of insurance. They admit the loss of one bale of cotton, and aver that they made it good at the 'time of the settlement. They deny liability to pay for the sample cotton or basket, and aver that at the time of the settlement all matters between them, including insurance and every other claim growing out of the contract, were fully and completely settled, and that all facts concerning the same were known to both parties. The defendants
Judgment affirmed.