Boone v. Sirrine
Supreme Court of Georgia
Equity. Injunction. "Widow’s year’s support. Decided by Judge J. M. Clark. Sumter Superior Court. September Term, 1868. Mayo, on the 25th of November, 1867, rented' a storeroom to Nunn & Baily, for one year, at $570 00, payable quarterly, and accordingly, took their four rent notes, payable to himself or bearer. They were partners as booksellers, etc. Soon afterwards, Baily retired from the firm, leaving Nunn in possession of the store and stock.
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Equity. Injunction. "Widow’s year’s support. Decided by Judge J. M. Clark. Sumter Superior Court. September Term, 1868. Mayo, on the 25th of November, 1867, rented' a storeroom to Nunn & Baily, for one year, at $570 00, payable quarterly, and accordingly, took their four rent notes, payable to himself or bearer. They were partners as booksellers, etc. Soon afterwards, Baily retired from the firm, leaving Nunn in possession of the store and stock. Mayo transferred said notes to S. S. Boone, as collateral security for a claim Boone bad against him. Nunn died. Sirrine administered upon his…
1Opinion of the CourtBrows, C. J.
The store-room was rented to Nunn & Baily, as partners, who commenced business in it as booksellers, and soon after dissolved partnership, Nunn remaining in the possession of the room, and conducting the business, and Baily retiring. Did this dissolution of the firm affect the rights of Mayo, or of Boone, his assigeee? We think not. Mayo rented to Nunn and Baily, as a firm, and accepted them jointly, as his tenants, and they could not, without his consent, change the relation, by a conveyance, one to the other, so as to compel Mayo to accept either alone as his tenant, or look to one, or to…
2Cited by3 opinions
- Kraft v. HendrySupreme Court of Georgia · 1920
- Loftin v. DooleyCourt of Appeals of Georgia · 1942
- Roberts v. First National BankCourt of Appeals of Georgia · 1939