Fechheimer v. Baum
U.S. Circuit Court for the Southern District of Georgia
In Equity. Motion for an injunction and appointment of a receiver. The bill before the chancellor was filed by the plaintiffs, residents and citizens of Ohio, against Baum.& Bro., a firm doing business at Toomsboro, Irwington, and Dublin, in this district, to assert the right to an injunction and the appointment of a receiver given by the law of Georgia. Code, § 3149a.
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In Equity. Motion for an injunction and appointment of a receiver. The bill before the chancellor was filed by the plaintiffs, residents and citizens of Ohio, against Baum.& Bro., a firm doing business at Toomsboro, Irwington, and Dublin, in this district, to assert the right to an injunction and the appointment of a receiver given by the law of Georgia. Code, § 3149a. This section provides: “In case any corporation, not municipal, or any trader or Arm of traders, shall fail to pay at maturity any one or more matured debts, payment of which has been properly demanded of such debtor and by him…
1Opinion of the Court
Speer, J.,
(after stating the facts as above.) Baum & Bro. and Baum & Co., two firms composed of the same individuals, are traders, in the meaning of the statute of this state quoted above. That they are insolvent it is conceded. The plaintiffs are creditors, whose demands, as the court is at present advised, are within the class provided for in the statute above quoted, (Code Ga. § 3149a,) giving, in certain cases, the equitable right to the extraordinary remedies applied for. This right of the creditor to put the debtor’s assets, when the latter is an insolvent trader, in the hands of a…
2Cases cited1 opinion
- Crittenden Bros. v. Coleman & Co.Supreme Court of Georgia · 1883
3Cited by3 opinions
- Davis v. Louisville Trust Co.Court of Appeals for the Sixth Circuit · 1910
- Ditton v. PurcellNorth Dakota Supreme Court · 1911
- International Shoe Co. v. ChaimsonWisconsin Supreme Court · 1931