National Bank v. Richmond Factory
Supreme Court of Georgia
Before Judge Roney. Richmond county. June 25, 1892. The National Bank of Augusta filed its petition against the Richmond Factory and Coffin, trustee. Service was made of the petition and of a temporary restraining order upon the president of the factory May 11, 1892, and upon Coffin the same day. Before the cause was heard the factory filed a demurrer and Coffin an answer, and the petition was amended.
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Before Judge Roney. Richmond county. June 25, 1892. The National Bank of Augusta filed its petition against the Richmond Factory and Coffin, trustee. Service was made of the petition and of a temporary restraining order upon the president of the factory May 11, 1892, and upon Coffin the same day. Before the cause was heard the factory filed a demurrer and Coffin an answer, and the petition was amended. On June 7th, when the case came on to be heard, the factory filed its answer. Plaintiff proceeded to introduce evidence, and pending the discussion of tfie same, the court ordered the rule to…
1Opinion of the Court
Bleckley, Chief Justice.
1. From the statement of facts in the official report it will be seen that the petition under which the receiver was appointed was filed before that which the National Bank of Augusta brought against the Richmond Factory, the common debtor, and the principal defendant in both petitions. The receivership covered all the assets of the factory company — that company being an insolvent corporation. As one of its creditors, the National Bank of Augusta had a right to make itself a party to the cause in which the receiver was appointed, and thereby to obtain all the…
2Cited by10 opinions
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- Blumenfeld v. Citizens Bank & Trust Co.Supreme Court of Georgia · 1929
- Harp v. Abbeville Investment & Construction Co.Supreme Court of Georgia · 1899
- City Bank & Trust Co. v. GrafSupreme Court of Georgia · 1932
- Eller Industries, Inc. v. Indian Motorcycle Manufacturing, Inc.District Court, D. Colorado · 1995
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