Fulton & Bro. v. Gibian & Co.
Supreme Court of Georgia
Equitable petition. Before Judge Hardeman. Bibb superior court. April term, 1895. Under a petition in the nature of a, general creditors bill against Albert Gibian and L. J. Lillienthal, doing business under the firm name of A. Gibian & Company, a receiver was appointed, who took charge of the assets of said firm and proceeded to wind up its affairs under the direction of the court.
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Equitable petition. Before Judge Hardeman. Bibb superior court. April term, 1895. Under a petition in the nature of a, general creditors bill against Albert Gibian and L. J. Lillienthal, doing business under the firm name of A. Gibian & Company, a receiver was appointed, who took charge of the assets of said firm and proceeded to wind up its affairs under the direction of the court. Among the parties plaintiff by intervention were Eulton & Brother, the Chicago Distilling Company, and the Greenbrier Distillery, Charles Nelson proprietor. Said intervenors raised issues with certain mortgage…
1Opinion of the Court
Lumpkin, Justice.
The facts of this case appear in the reporter’s statement.
1. The execution and delivery by an insolvent partnership of several mortgages, all bearing the same date, does-not make an attempted assignment for the bénefit of creditors. Hollingsworth v. Johns & Co., 92 Ga. 428. Nor does the transaction, considered as a whole, take the character of such an assignment because, in addition to the mortgages, the partnership also executed and delivered to the mortgagees and other creditors an instrument transferring as collateral security for the claims of all these creditors the…
2Cases cited5 opinions
- Boykin, Seddon & Co. v. EpsteinSupreme Court of Georgia · 1894
- Powell, Brother & Co. v. Kelly Bros. & PorterSupreme Court of Georgia · 1889
- Johnson v. Adams & Co.Supreme Court of Georgia · 1893
- Kiser & Co. v. Dannenberg Co.Supreme Court of Georgia · 1892
- Hollingsworth v. Johns & Co.Supreme Court of Georgia · 1893
3Cited by2 opinions
- Atlas Tack Co. v. Macon Hardware Co.Supreme Court of Georgia · 1897
- Silver & Goldstein v. ChapmanSupreme Court of Georgia · 1927