Gurr v. Martin

• Decision Date: 07 February 1885
• Citation: 73 Ga. 528
• Parties: GURR v. MARTIN, executor.
• Court: Georgia Supreme Court

73 Ga. 528

GURR v. MARTIN, executor.

Supreme Court of Georgia.

February 7, 1885

September Term, 1884.

1. Where one employed a cropper to cultivate his farm on certain terms, for which he was to pay such cropper a certain share or certain parts of the crop when made, reserving possession of it, or delivery to him, until advances made should be paid back, such contract did not constitute a partnership.

( a. ) Were it otherwise, the facts of this case do not require an injunction.

2. Whether the widow of a deceased partner could have a year's support out of partnership effects, in preference to debts due by the partnership, and whether equity would take those effects from the surviving partner's control to pay those debts. Quere?

Partnership. Contracts. Injunction. Husband and Wife. Year's Support. Before Judge FORT. Macon County. At Chambers, November 25 1884.

Amanda M. Gurr filed her bill against T. S. Martin, executor alleging, in brief, as follows: Defendant and the husband of complainant were partners in farming. Her husband died leaving no estate, except his interest in the partnership property. She applied for a year's support out of it, and appraisers were appointed to set it aside. After the death of complainant's husband, defendant took charge of the partnership business, and he is gathering and marketing the crop, and represents that the business " will not pay out." The alleged debts are, in part, debts due for supplies and money borrowed. Defendant is using and appropriating the effects. Injunction was prayed to restrain the selling or removal of the property until an accounting with complainant, and until the appraisement could be had.

Defendant answered, denying that there was any partnership, and claiming that, under the contract, he had the right to control the property in order to settle the business.

The contract between the deceased and defendant was as follows:

" The said Martin agrees to furnish to the said Gurr for farming purposes the present year, 1884, on the farm of land in Houston county, known as the John Martin farm, the following property, to be used only on said farm: five mules and one horse, horse to be used only a portion of the year the farm for cultivation on which said Gurr now lives together with the necessary implements, such as is now in use on said farm; also cotton-seed to plant and for manure; also said Martin to furnish one-half of guano. Said Martin loans all cotton-seed for manure, and is to hold all cotton-seed grown on the place the present year. Said Gurr to have no interest in any cotton-seed grown on said place the present year, he having furnished none. Said Martin further agrees to advance, for the support of said Gurr the present year, 100 pounds meat (only 100 pounds meat for the whole year) and $10.00 per month for ten months of the present year, said Gurr to pay said amounts back to said Martin. Said Martin further agrees to loan to said Gurr corn to ration the hands, if the same is on the place. Now, the said Gurr, of the second part, agrees to furnish a sufficient amount of labor, and feed for said labor, for said farm, and to pay the same, to make and gather and house the same; said crops consisting of cotton, corn,

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