Legal Opinion

Ray v. Carlisle

Supreme Court of Georgia

Decided May 14, 1906PublishedCited by 4 opinions

Petition for receiver. Before Judge Pendleton. Pulton superior court. January 18, 1906. Mrs. Carlisle purchased three certificates of the- People’s Home Purchasing Company, by means of which she expected to obtain a loan of $3,000 for the purchase of a home. She made a contract for the purchase of a lot, for which she agreed to pay $735, and commenced the erection of a house thereon.

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Petition for receiver. Before Judge Pendleton. Pulton superior court. January 18, 1906. Mrs. Carlisle purchased three certificates of the- People’s Home Purchasing Company, by means of which she expected to obtain a loan of $3,000 for the purchase of a home. She made a contract for the purchase of a lot, for which she agreed to pay $735, and commenced the erection of a house thereon. Ray furnished material used in the erection of the house, to the value of $929.71, and filed a materialman’s lien therefor. Mrs. Carlisle did not obtain the loan on the date she expected, and borrowed from Ray at…

1Opinion of the Court

Cobb, P. J".

(After stating the foregoing facts.) The reason urged for the appointment of a receiver in this case is, that there is no fire insurance on the building, and, should the same be destroyed by fire pending the litigation, the land alone would not be of sufficient value to pay the indebtedness claimed b3r the plaintiff to be due him. Ity reason of 'this state of facts, it is contended that the court should' have appointed a receiver to take charge of the property, and impound the rents, for the protection of the *318plaintiff. Creditors can not force a debtor to take out fire insurance…

2Cases cited3 opinions

  1. Bell v. Dawson Grocery Co.Supreme Court of Georgia · 1904
  2. Sims v. Cordele Ice Co.Supreme Court of Georgia · 1904
  3. Sanford v. United States Fidelity & Guaranty Co.Supreme Court of Georgia · 1902

3Cited by4 opinions

  1. Planters Oil Mill v. CarterSupreme Court of Georgia · 1913
  2. Adams v. BlalockSupreme Court of Georgia · 1926
  3. Patel v. PatelSupreme Court of Georgia · 2006
  4. Dickson v. HutchinsonSupreme Court of Georgia · 1931

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