Porter v. Taylor

Citations

• 64 Fla. 100

Syllabus

<p>1. A moton to dismiss a bill of complaint for want of equity is not proper practice.</p> <p>2. A bill in equity should not be dismissed if the -allegations of the bill state any case for equitable relief.</p> <p>3. Under the constitution and laws of Florida a married woman who has not been declared a free dealer as authorized by statute, cannot become a member of a partnership so as to make herself liable personally for the partnership debts or obligations.</p> <p>4. The constitution expressly recognizes the separate real and personal property rights of a married woman; and the statutes authorize’ a married woman to maintain suits or actions for or concerning her real estate, without joining her husband or next friend.</p> <p>5. While a married woman not a free dealer may not bind herself personally by partnership agreements or become personally liable for partnership obligations, yet she may permit others to act for her as her agent; and when an agency for a married woman in fact exists or the property of a married woman is held or used by another she may take possession of or recover her property. She may also require an accounting, and where the circumstances warrant it, the proceeding may he in equity.</p>