Legal Opinion

Luxury Fruit Co. v. Harris

Supreme Court of Georgia

Decided December 16, 1914PublishedCited by 1 opinion

Receivership, etc. Before Judge Mathews. Houston superior-court. September 15, 1914. W. H. Harris and other creditors of Luxury Fruit‘Company, a corporation, instituted an ..insolvency action against that corporation, in the superior court of Houston county, for the appointment of a receiver for the assets of the corporation. The defendant filed a cross-petition against Harris and others, who were not parties to the original creditors’ bill.

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Receivership, etc. Before Judge Mathews. Houston superior-court. September 15, 1914. W. H. Harris and other creditors of Luxury Fruit‘Company, a corporation, instituted an ..insolvency action against that corporation, in the superior court of Houston county, for the appointment of a receiver for the assets of the corporation. The defendant filed a cross-petition against Harris and others, who were not parties to the original creditors’ bill. This cross-petition alleged a long course of dealing between Harris and the Luxury Fruit Company, and prayed for an accounting between them. It also set…

1Opinion of the CourtEvans, P. J.

(After stating the foregoing facts.)

1. The voluntary dismissal of the cross-action by the plaintiff therein did not deprive the State court of its power to restore the status. It was argued that when the cross-bill was dismissed there was only the insolvency proceeding left, which was superseded by the bankruptcy of the defendant, and that the restoration of the possession of the property to the State court’s receiver would be to take the bankrupt’s property from the bankruptcy court for administration in an insolvency action in the State court. That argument is rested upon the premise that…

2Cases cited5 opinions

  1. Murphy v. John Hofman Co.Supreme Court of the United States · 1909
  2. Harkrader v. WadleySupreme Court of the United States · 1898
  3. Smith v. SmithSupreme Court of Georgia · 1897
  4. Fountain v. MillsSupreme Court of Georgia · 1900
  5. Harris v. Luxury Fruit Co.Supreme Court of Georgia · 1914

3Cited by1 opinion

  1. Patterson v. VeaseyDistrict Court, N.D. Georgia · 1924

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