Silver v. Shoob
Court of Appeals of Georgia
Complaint; from city court of Savannah — Judge Freeman. June 16, 1920. This was, according to the theory of the plaintiff in error, a suit on an account stated for $6,084. The defendant demurred to the petition generally and specially. The court sustained the demurrer and dismissed the suit, and the plaintiff excepted.
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Complaint; from city court of Savannah — Judge Freeman. June 16, 1920. This was, according to the theory of the plaintiff in error, a suit on an account stated for $6,084. The defendant demurred to the petition generally and specially. The court sustained the demurrer and dismissed the suit, and the plaintiff excepted. The petition as amended alleged: that prior to the suit there was a partnership between the plaintiff and the defendant, which commenced in the year 1907 and was dissolved March 1, 1918; that a few days before the dissolution the partners “with the assistance of their…
1Opinion of the CourtBroyles, C. J.
(After stating the foregoing facts.) Under our view of the ease it is unnecessary to discuss the ruling of the court on the special demurrer, since the general demurrer was properly sustained and the case dismissed. That this is true is, we think, clearly shown by the dissolution agreement or bill of sale, which writing, it will be recalled, was a sealed instrument, conveying every right of the selling partner in and to all classes of assets of the partnership, including “ stock, fixtures, outstanding accounts, leases and good will of the business, and everything else belonging to and…
2Cases cited9 opinions
- Bank v. Carrollton RailroadSupreme Court of the United States · 1871
- Kimball v. WalkerIllinois Supreme Court · 1863
- Smith v. EvansIndiana Supreme Court · 1871
- Beckley v. MunsonSupreme Court of Connecticut · 1852
- Hattenhauer v. AdamickAppellate Court of Illinois · 1897
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3Cited by2 opinions
- L. Gregg Ivey, Inc. v. LandCourt of Appeals of Georgia · 1979
- Manry v. HendricksCourt of Appeals of Georgia · 1941