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29 Ga. 255

Nesbit v. Cautrell

Supreme Court of Georgia

Decided August 15, 1859

Supreme Court of Georgia · decided 1859-08-15

Trespass, in Gordon Superior Court. Tried before Judge Crook, April Term, 1859.

Cited by 1 later decisions — most recently December 1907

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1859-08-15

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— Benning J.

¶1By the Court.

¶2delivering the opinion.

¶3«Was the Court below right in refusing to grant the motion for a new trial ?

¶4We think, that there was sufficient evidence to support the verdict; consequently, that the first two grounds of the motion are not good.

¶5As to the fourth ground — Cautrell was not a party to the judgment in the justice’s Court, or, in privity with any person who was a party to that judgment. True, he was to receive, as pay, for collecting the note on which the judgment was founded ten per cent, on the amount collected; but this did not make him part owner of the note — owner of ten per cent, of the note; it merely made the amount collected on the note, a thing by which his compensation was to be measured. The contract was like the commis*257sioru; contracts usually made by attorneys for collecting debts, and it was never supposed that those contracts make the^attorneys part owners of the debts.

¶6Judgment affirmed.

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