Greenberg-Miller Co. v. Everett Shoe Co.
Cases that cite this one
5 later published cases cite this decision.
- Abney v. Audio (In re Environmental Electronic Systems, Inc.) (United States District Court for the District of Georgia 1980)
- Schneider v. Smith (Ga. 1940)
- Dickson-Carroll Co. v. United States Fidelity & Guaranty Co. (Ga. Ct. App. 1938)
- In re W. J. Marshall Co. (United States District Court for the Southern District of Georgia 1924)
- In re Stone-Moore-West Co. (United States District Court for the Northern District of Georgia 1923)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The petition is to be construed most strongly against the pleader. The general allegations as to fraud, insolvency, and absorption of the copartnership by the corporation are mere conclusions of the pleader. The substantive allegations of fact show a sale by Everett to the corporation and receipt of a consideration, the value and sufficiency of which is not questioned. The sale, therefore, must be regarded as lawful. The corporation was a different entity from the firm, and there was no promise by that entity to the firm, or to its creditors, to pay the debts of the firm. The attempt, therefore, is to hold the corporation liable merely because it lawfully acquired the property of the partnership. It has been previously ruled by this court that under the circumstances enumerated the corporation will not incur liability. Cul
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.