Cohen & Co. v. Wolff & Buchwald
Supreme Court of Georgia
Equitable petition. Before Judge Miller. Bibb superior court. November term, 1892. Six firms brought a petition against Wolff & Buchwald,. a firm composed of Mrs. Lillie Wolff and Ephraim Buchwald, and against Mary Buchwald, Edward Wolff',. Peter Funkenstein, and Morris Brothers, a firm composed of Louis and Joseph Morris, the Wolffs and the Buchwalds being residents of Bibb county, and the other defendants of Clarke county.
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Equitable petition. Before Judge Miller. Bibb superior court. November term, 1892. Six firms brought a petition against Wolff & Buchwald,. a firm composed of Mrs. Lillie Wolff and Ephraim Buchwald, and against Mary Buchwald, Edward Wolff',. Peter Funkenstein, and Morris Brothers, a firm composed of Louis and Joseph Morris, the Wolffs and the Buchwalds being residents of Bibb county, and the other defendants of Clarke county. The court sustained a demurrer to the petition, to which ruling the plaintiffs excepted. The petition sets forth the following allegations: The plaintiffs are creditors…
1Opinion of the Court
Simmons, Justice.
The error complained of was the sustaining of a demurrer to the equitable petition filed by the plaintiffs below. The substance of the petition is set forth in the reporter’s statement.
If the allegations of this petition be true, a plainer or more palpable case of fraud it would be difficult to find. For the purposes of the demurrer, these allegations must be taken as true; but in so doing, we are not to be understood as expressing any opinion as .to the real merits of the controversy as the same may appear when the case is tried. In view of the charges that the firm of Wolff…
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