Legal Opinion

Nadel v. Weber Bros. Shoe Co.

Supreme Court of Florida

Decided October 26, 1915PublishedCited by 11 opinions

Appeal from Circuit Court, Lee County; F. A. Whitney, Judge. Statement. Weber Brothers Shoe Company, a corporation, filed its bill in equity against Rose Nadel and her husband, A. G. Nadel, for the purpose of subjecting certain real property of Rose Nadel owned by her as her separate statutory property, and described in the bill, and certain personal property alleged to be owned by Rose Nadel and C. L. Johnson in a mercantile business conducted by them under the name of the…

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Appeal from Circuit Court, Lee County; F. A. Whitney, Judge. Statement. Weber Brothers Shoe Company, a corporation, filed its bill in equity against Rose Nadel and her husband, A. G. Nadel, for the purpose of subjecting certain real property of Rose Nadel owned by her as her separate statutory property, and described in the bill, and certain personal property alleged to be owned by Rose Nadel and C. L. Johnson in a mercantile business conducted by them under the name of the “Quality Shop,” at Fort Myers, Florida, to the payment of a debt alleged to be due to the complainant corporation for…

1Opinion of the Court

Ellis, J.,

(after stating the fads.) — -The theory on which the bills rest is that a married woman who' is jointly interested in" a mercantile business as a partner, with one who is sui juris may by using her credit based upon her separate property in purchasing goods for the business, render such separate property liable to be subjected in equity to the payment of a creditor’s claim.

It is true that a married woman cannot be a member of a partnership, and is therefore not personally liable for any act or transaction of her so-called partner in *223the transaction of partnership business.…

2Cases cited10 opinions

  1. Virginia-Carolina Chemical Co. v. FisherSupreme Court of Florida · 1909
  2. Micou v. McDonaldSupreme Court of Florida · 1908
  3. Durham v. EdwardsSupreme Court of Florida · 1905
  4. De Graum, Aymar & Co. v. JonesSupreme Court of Florida · 1887
  5. Harwood v. RootSupreme Court of Florida · 1884

5 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Craven v. HartleySupreme Court of Florida · 1931
  2. LeNoir v. McDanielSupreme Court of Florida · 1920
  3. Oliver v. NoeCourt of Appeals of Kentucky (pre-1976) · 1930
  4. Clark v. AndrewCourt of Appeals for the Fifth Circuit · 1926
  5. Kerman's v. StrobharSupreme Court of Florida · 1932

6 more not listed; retrieve them via the Exa API.

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