Legal Opinion

Birdseye v. Underhill

Supreme Court of Georgia

Decided November 5, 1888PublishedCited by 2 opinions

Foreign assignment. Choses in action. Situs. Contracts. Public policy. Before Judge Marshall J. Clarice. Eulton superior court. September term, 1888. Eeported in the decision.

1Opinion of the Court

Simmons, Justice.

It appears from the record in this case that Baker & Clark, merchants doing business in the State of New York, on the 24th of November, 1886, made an assignment to C. E. Birdseye, of “all and singular their co-partnership and individual estate and property, real and personal, of every kind whatsoever, and wherever situated, held by and in the name of said parties, . . . except such property as exempt by law from levy and sale.” In this deed of assignment, preferences were made of certain creditors. On the 7th of November, 1886, Stephen Underhill, a non-resident of Georgia,…

2Cases cited9 opinions

  1. Ockerman v. . CrossNew York Court of Appeals · 1873
  2. Weider v. MaddoxTexas Supreme Court · 1886
  3. Herschfeld v. Dexel & Co.Supreme Court of Georgia · 1853
  4. S. Stricker & Co. v. TinkhamSupreme Court of Georgia · 1866
  5. Atwood v. Protection Insurance Co.Supreme Court of Connecticut · 1842

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3Cited by2 opinions

  1. Chavala Cooperative, Inc. v. HortmanCourt of Appeals of Georgia · 1956
  2. Gregg v. FitzpatrickCourt of Appeals of Georgia · 1936

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