Legal Opinion

James v. Park

Supreme Court of Georgia

Decided June 14, 1916PublishedCited by 3 opinions

Buie for contempt. Before Judge Worrill. Early superior court. April 14, 1916. Walter G. Park, as receiver of the Bank of Blakely, brought an equitable petition against D. W. James, alleging, among other things, as follows: James was engaged in a large number of mercantile, farming, and other businesses, and was president of the Bank of Blakely, which had financed many of his enterprises.

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Buie for contempt. Before Judge Worrill. Early superior court. April 14, 1916. Walter G. Park, as receiver of the Bank of Blakely, brought an equitable petition against D. W. James, alleging, among other things, as follows: James was engaged in a large number of mercantile, farming, and other businesses, and was president of the Bank of Blakely, which had financed many of his enterprises. The bank is now insolvent, and James is indebted to it in the sum of approximately $79,000. A note for $33,333.33, given by the Wakulla Lumber Company to the Gulf Lumber & Railway Company, and transferred by…

1Opinion of the CourtEvans, P. J.

(After stating the foregoing facts.) The receiver of the Bank of Blakely proceeded against James for a receivership, injunction, and certain other equitable relief. One of the claims of the plaintiff was, that, as to the Helen Lumber Company notes, James was a trustee by reason of the facts alleged. James averred in his answer that these notes were not impressed with a trust, and that they belonged to him. The court did not undertake to place James’s property in the hands of an officer appointed by it, but restrained him from disposing of the notes except on prescribed conditions. Afterwards…

2Cited by3 opinions

  1. Holton v. LankfordSupreme Court of Georgia · 1939
  2. Jones v. MauldinSupreme Court of Georgia · 1951
  3. Murphy v. MurphySupreme Court of Georgia · 1958

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