56 Ga. 222 | Ga. | 1876
This ease was before this court at the last term. Varner & Ellington had sued Radcliffe & Lamb on the acceptance of a draft drawn on them by May. To this suit Radcliffe & Lamb filed an equitable plea to the effect that they had entered into partnership with May to run two plantations in Macon county, Alabama, in which articles of partnership it was stipulated that May should buy all supplies through them; that Varner & Ellington had knowledge of the contract, and yet credited May, and May sent them cotton, which instead of being applied to the payment of this draft, which was given for previous supplies, was applied to other debts contracted by May for supplies and cash, against the stipulations of the contract, and they asked that the proceeds of this cotton, somewhere about the amount of the draft, be applied as an equitable set-off to the debt due on the draft. This court decided then that inasmuch as the cotton belonged to May as well as to Radcliffe & Lamb, and May was not a party to the common law-suit, but the action was against Radcliffe & Lamb only, the set-off could not be allowed, and sustained the judgment below to that effect. But we also held that upon a proper bill made, making May a party, so that all equities between him and Radcliffe & Lamb might be adjusted, relief might be afforded to the latter against Varner & Ellington.
Tin's bill is now filed, May is made a party, and it is alleged in the bill that he is largely indebted to Radcliffe & Lamb on account of the partnership, and would be entitled to no part of the cotton or its proceeds, in the hands of Varner & Ellington, and relief is asked; and to the end that a jury may
Surely no better reason can exist than that, from want of
Judgment reversed.