Frost v. Schackleford
Supreme Court of Georgia
Partnership. Pleadings. Trusts. Before Judge Buchanan. Troup Superior Court. May Term, 1876. Erost filed his bill against Schackleford, Stinson and Wilkerson, as administrators de bonis non, eum testamento annexo, upon the estate of John Stinson, deceased, making, in brief, this case: John Stinson died, disposing of an estate of the value of $20,000 00 by will, and appointed J. W. Stinson as his executor.
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Partnership. Pleadings. Trusts. Before Judge Buchanan. Troup Superior Court. May Term, 1876. Erost filed his bill against Schackleford, Stinson and Wilkerson, as administrators de bonis non, eum testamento annexo, upon the estate of John Stinson, deceased, making, in brief, this case: John Stinson died, disposing of an estate of the value of $20,000 00 by will, and appointed J. W. Stinson as his executor. The estate was administered in accordance with the directions of the testator. All the property was given to the executor, in trust, for the raising of the children and the support of the…
1Opinion of the Court
Bleckley, Judge.
On scrutinizing the bill, we find we cannot revejrse the judgment of the court below, dismissing it.
1. The account is in favor of a partnership. Frost is one of the partners, and he sues in his own name. Is the other partner dead, or has he, in some way, parted with his interest? The bill discloses nothing on the subject. The account constitutes no cause of action in favor of Frost. The bill does not show why it belongs to him, or how it came to be *263his. It is not assigned to him. He can have no decree for the money due on it.
2. As to the notes, both makers of them are dead.…
2Cited by4 opinions
- Robert v. TiftSupreme Court of Georgia · 1878
- City of Atlanta v. WilliamsCourt of Appeals of Georgia · 1969
- Moore, Jenkins & Co. v. LampkinSupreme Court of Georgia · 1879
- Borders v. WrightCourt of Appeals of Georgia · 1977