Gurr v. Martin
Supreme Court of Georgia
Partnership. Contracts. Injunction. Husband and Wife. Year’s Support. Before Judge Fort. Macon County. At Chambers, November 25, 1884. Amanda M. Gurr filed her bill against T. S. Martin, executor, alleging, in brief, as follows : Defendant and the husband of complainant were partners in farming. Her husband died, leaving no estate, except his interest in the partnership property. She applied for a year’s support out of it, and appraisers were appointed to set it aside.
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Partnership. Contracts. Injunction. Husband and Wife. Year’s Support. Before Judge Fort. Macon County. At Chambers, November 25, 1884. Amanda M. Gurr filed her bill against T. S. Martin, executor, alleging, in brief, as follows : Defendant and the husband of complainant were partners in farming. Her husband died, leaving no estate, except his interest in the partnership property. She applied for a year’s support out of it, and appraisers were appointed to set it aside. After the death of complainant’s husband, defendant took charge of the partnership business, and he is gathering and…
1Opinion of the Court
Jackson, Chief Justice.
Two points aré made in this record: first, do the allegations or does the contract make a partnership; and secondly, if so, are a widow and family entitled to a year’s *531support out of partnership effect in the hands of the surviving partner to pay debts, it requiring all the funds to pay the partnership debts ? If either question be decided, in the negative, the chancellor did not err in refusing the writ of injunction.
1. We are- very clear that the contract between these parties makes no co-partnership. 42 Ga., 226; 48 Ib., 425. The complainant’s husband was a cropper…
2Cases cited1 opinion
- Holloway v. BrinkleySupreme Court of Georgia · 1871
3Cited by6 opinions
- Dawson National Bank v. Ward & GurrSupreme Court of Georgia · 1904
- Wagner v. ButtlesWisconsin Supreme Court · 1912
- Hall & Ham v. StoneCourt of Appeals of Georgia · 1912
- Lee v. StateCourt of Appeals of Georgia · 1940
- Cherry v. StrongSupreme Court of Georgia · 1895
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