Legal Opinion

Cooper v. White

Supreme Court of Georgia

Decided February 15, 1856No. 103PublishedCited by 10 opinions

In Equity, in Whitfield Superior Court. Decision by Judge Trippe, October Term, 1855. This was a bill filed by White, administrator of L. W.. Howe, against the creditors of said'Howe, for the adjudication of their claims against the estate. • . It appeared from the answer of Mark A. Cooper, which was admitted to be correct, that he had employed Howe to sell iron castings for him; that he let Howe have a storehouse, . rent free, in consideration of these services; that..

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In Equity, in Whitfield Superior Court. Decision by Judge Trippe, October Term, 1855. This was a bill filed by White, administrator of L. W.. Howe, against the creditors of said'Howe, for the adjudication of their claims against the estate. • . It appeared from the answer of Mark A. Cooper, which was admitted to be correct, that he had employed Howe to sell iron castings for him; that he let Howe have a storehouse, . rent free, in consideration of these services; that.. Howe kept the money arising from the sale of castings in a separate drawer, where it was found after his death; and that he…

1Opinion of the Court

By the Court.

McDonald, J.

delivering the opinion.

The answer of Cooper, states that the iron was deposited "with the intestate, Howe, for sale for cash; and the cash received was to be held as his, Cooper’s, at all times. There was, at the time of Howe’s death, a certain amount of money, arising from the sale .of the castings and iron of said Cooper, on hand, on deposit, in the possession of said Howe, where he usually kept the money of Cooper, which was the amount due to Cooper. The castings and iron of Cooper were delivered to him by the administrator, after the death of Howe, ¡but the…

2Cited by10 opinions

  1. Tucker v. BrownWashington Supreme Court · 1944
  2. Bank of Newton County v. American Bonding Co.Supreme Court of Georgia · 1914
  3. Probate Court of the City of Pawtucket v. WilliamsSupreme Court of Rhode Island · 1909
  4. Livingston v. LangleySupreme Court of Georgia · 1887
  5. Marshall v. MarshallColorado Court of Appeals · 1898

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