Perry v. Britt-Carson Shoe Co.
Supreme Court of Georgia
Injunction. Before Judge Littlejohn. Stewart superior court. January 30, 1907. Turner & Perry, a partnership, being indebted to the Britt-Carson Shoe Company for merchandise in the sum of $500, made and executed to that company two promissory notes for $250 each, containing waivers of their rights to homestead and exemption under the constitution and laws' of Georgia and of the United States.
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Injunction. Before Judge Littlejohn. Stewart superior court. January 30, 1907. Turner & Perry, a partnership, being indebted to the Britt-Carson Shoe Company for merchandise in the sum of $500, made and executed to that company two promissory notes for $250 each, containing waivers of their rights to homestead and exemption under the constitution and laws' of Georgia and of the United States. These notes were signed by Perry, one of the partners, in the name of the partnership, Turner & Perry. Subsequently Turner & Perry were, upon the application of certain creditors, adjudicated bankrupt by…
1Opinion of the CourtBeck, J.
(After stating the facts.) The notes held by the plaintiff Tyére signed by one of the partners, Perry, in the name of the partnership, Turner. & Perry. And it is contended by counsel for plaintiff in error that the waiver contained in the notes will not prevent the members of the firm from claiming an exemption out of their individual property. As applied to Turner, this contention seems to be well taken. "One partner can not waive the other’s: right to take a homestead out of the individual property of the latter.” Giles v. Vandiver, 91 Ga. 192. But as to Perry, who signed the notes in the…
2Cases cited3 opinions
- Bell v. Dawson Grocery Co.Supreme Court of Georgia · 1904
- Giles v. VandiverSupreme Court of Georgia · 1893
- Lippman v. First National BankSupreme Court of Alabama · 1897
3Cited by2 opinions
- Winkles v. Simpson Grocery Co.Supreme Court of Georgia · 1912
- Mobley v. BelcherSupreme Court of Georgia · 1915