Starnes v. Roberts
Supreme Court of Georgia
Trover. Before Judge G-ober. Cherokee superior court. October 3, 190o. Boberts brought his action against Starnes, to recover two maride monuments. The evidence showed, in brief, as follows: At one time the plaintiff, the defendant, and another were partners, and conducted business under the name of the Boberts Marble Companj'. Subsequently the plaintiff bought the interests of the other two, and conducted business in the same name.
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Trover. Before Judge G-ober. Cherokee superior court. October 3, 190o. Boberts brought his action against Starnes, to recover two maride monuments. The evidence showed, in brief, as follows: At one time the plaintiff, the defendant, and another were partners, and conducted business under the name of the Boberts Marble Companj'. Subsequently the plaintiff bought the interests of the other two, and conducted business in the same name. At a later date the defendant purchased from him the two monuments for which suit was brought. The written contract which was signed by the defendant stated that…
1Opinion of the CourtLumpkin, J.
(After stating the facts.) The principles set out in the headnote and the authorities there cited control the case. The evidence did not show such a relinquishment or waiver of the plaintiff’s right as against the defendant as to prevent a recovery. Had it been sought to recover the property from the person who purchased it from the defendant, a very different case would have been presented. Or if the evidence had shown that the plaintiff agreed for the defendant to sell the property before payment, this might have raised the question whether such sale would have been a conversion. The…
2Cases cited3 opinions
- Adams v. O'ConnorMassachusetts Supreme Judicial Court · 1868
- Fleeman v. McKeanNew York Supreme Court · 1857
- Dows v. DennistounNew York Supreme Court · 1858
3Cited by10 opinions
- Rowe v. SpencerSupreme Court of Georgia · 1913
- Morris & Co. v. Walker Bros.Court of Appeals of Georgia · 1923
- Taylor v. GILL EQUIPMENT COMPANYCourt of Appeals of Georgia · 1952
- Douglas Motor Sales, Inc. v. Cy Owens, Inc.Court of Appeals of Georgia · 1959
- Moon v. Gulf Fish Co.Court of Appeals of Georgia · 1916
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