Hill & Merry v. Jackson Stores
Supreme Court of Georgia
Equitable petition. Before Judge Martin. Laurens superior court. September 3, 1910.
1Opinion of the Court
Eish, C. j.
1. The Civil Code (1910), § 2220, declares that “Persons who organize a company and transact business in its name, before the minimum capital stock has been subscribed for, are liable to creditors to make good the minimum capital stock with interest.” Reid: (1) That the liability imposed by this statute constitutes a fund for the benefit of all creditors, so far as the condition of the company renders a resort to it necessary for the payment of its'debts. (2) That an action at law can not he maintained by one creditor among many for the appropriation of the whole or any part of…
2Cases cited3 opinions
- Hornor v. HenningSupreme Court of the United States · 1876
- Winchester v. MaburyCalifornia Supreme Court · 1898
- Schley v. DixonSupreme Court of Georgia · 1858
3Cited by9 opinions
- John V. Farwell Co. v. Jackson StoresSupreme Court of Georgia · 1911
- Super Valu Stores, Inc. v. First National BankDistrict Court, M.D. Georgia · 1979
- Crandall v. ShepardSupreme Court of Georgia · 1928
- Mobley v. RuckerSupreme Court of Georgia · 1932
- Quitman Cooperage Co. v. Peoples First National BankSupreme Court of Georgia · 1933
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