Miller v. Smythe
Supreme Court of Georgia
Action for damages. Befime Judge Eve. City court of Richmond county. November term, 1892. The declaration alleged: Plaintiff rented from the trustee and was in possession of a store described, and the shelving against the walls therein, from October 1,1890, to October 1, 1891, for carrying on the crockery business therein, which was known to defendants, for $1,500 per year, the trustee agreeing to keep the store and shelving in thorough order and repair.
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Action for damages. Befime Judge Eve. City court of Richmond county. November term, 1892. The declaration alleged: Plaintiff rented from the trustee and was in possession of a store described, and the shelving against the walls therein, from October 1,1890, to October 1, 1891, for carrying on the crockery business therein, which was known to defendants, for $1,500 per year, the trustee agreeing to keep the store and shelving in thorough order and repair. Plaintiff’ carried a large stock and placed and displayed it upon the counters and shelving, and on November 12, 1890, had a large quantity…
1Opinion of the Court
Lumpkin, Justice.
1. The error complained of is the overruling of a demurrer to the plaintiff’s declaration. The substance of the declaration and of the demurrer thereto will be found in the reporter’s statement. The main contention of the plaintiff in error was, that a trust estate could not be subjected to damages resulting from the negligence of the trustee, whether the same be regarded as a breach of contract, or as a breach of duty amounting to a tort. It was insisted that under section 3377 of the code, there could be no recovery against a trust estate except “for services rendered to…
2Cited by22 opinions
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- Ewing, Ind. Exs. v. Wm. L. Foley, Inc.Texas Supreme Court · 1926
- Wynne v. Southern Bell Telephone & Telegraph Co.Supreme Court of Georgia · 1925
- Cox v. DeJarnetteCourt of Appeals of Georgia · 1961
- Ball v. WalshSupreme Court of Georgia · 1912
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