Ferris v. Van Ingen & Co.
Supreme Court of Georgia
Equitable petition. Before Judge Brinson. Eichmond superior court. April 1, 1899. It appears from the record that John 0. Ferris and Chas. H. Ferris, father and son, were partners in a mercantile business in the city of Augusta, Georgia, and that in the year 1888 they purchased from Harris a storehouse on Broad street in that city, known as number 818, at a cost of some $18,000, paying part in cash and giving for the balance promissory notes payable one each quarter.
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Equitable petition. Before Judge Brinson. Eichmond superior court. April 1, 1899. It appears from the record that John 0. Ferris and Chas. H. Ferris, father and son, were partners in a mercantile business in the city of Augusta, Georgia, and that in the year 1888 they purchased from Harris a storehouse on Broad street in that city, known as number 818, at a cost of some $18,000, paying part in cash and giving for the balance promissory notes payable one each quarter. Whether Harris made them a bond for titles does not appear, but it does appear that in 1891 he executed a deed to the property…
1Opinion of the CourtSimmons, C. J.
(after stating the facts as above). 1. It was argued by counsel for the plaintiffs in error, that the surviving partner had no right or authority to continue the business of the partnership after the death of the senior partner, except by an order of the court of ordinary, and then for one year only. This contention is, under the general law of the State, sound in ordinary cases where a member of a partnership dies; but where, the will of the deceased partner, provides for a continuance of the business of the firm, that, as was stated in the case of Brannon v. Oder, 106 Ga. 168, changes the…
2Cases cited11 opinions
- Willis v. . SharpNew York Court of Appeals · 1889
- Miller v. MillerSupreme Court of Georgia · 1898
- Knowles v. LawtonSupreme Court of Georgia · 1855
- Milner v. NeelSupreme Court of Georgia · 1901
- Black v. BlackSupreme Court of Georgia · 1854
6 more not listed; retrieve them via the Exa API.
3Cited by48 opinions
- Harris v. PowersSupreme Court of Georgia · 1907
- Muscogee Manufacturing Co. v. Eagle & Phenix MillsSupreme Court of Georgia · 1906
- Taylor v. McLaughlinSupreme Court of Georgia · 1904
- Frazier v. BroylesSupreme Court of Georgia · 1916
- Hendrix v. CauseySupreme Court of Georgia · 1918
43 more not listed; retrieve them via the Exa API.