Pincus v. Meinhard & Brother
Supreme Court of Georgia
Receivership. Before Judge Frank Park. Grady superior court. March 5, 1913. A petition was filed by S. H. Meinhard & Brother against Max Pincus and others, to subject a certain exemption of personal property, consisting of a stock of goods, and* set aside to Max Pincus, bankrupt, by the bankruptcy court, to the debt due by Pincus to Meinhard & Brother, it being alleged in the petition that the exemption so set apart was subject to the debt on account of 'a homestead waiver…
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Receivership. Before Judge Frank Park. Grady superior court. March 5, 1913. A petition was filed by S. H. Meinhard & Brother against Max Pincus and others, to subject a certain exemption of personal property, consisting of a stock of goods, and* set aside to Max Pincus, bankrupt, by the bankruptcy court, to the debt due by Pincus to Meinhard & Brother, it being alleged in the petition that the exemption so set apart was subject to the debt on account of 'a homestead waiver by Pincus as against the payment of the debt. The record shows substantially the following facts: About July 1, 1911,…
1Opinion of the CourtHill, J.
(After stating the foregoing facts.)
1. The ¿main question in this case is, did the statement to Meinhard & Brother by Max Pincus, containing what purported to be U waiver of homestead and exemption rights, contain a valid, binding waiver as contemplated by law? It is insisted that the waiver of homestead and exemption rights was not a part of the contract upon which the defendant obtained the goods and merchandise from the plaintiffs. If the defendant signed the statement containing the waiver contemporaneously with the offer to buy, and it was done for the purpose of obtaining the goods of…
2Cases cited14 opinions
- Lockwood v. Exchange BankSupreme Court of the United States · 1903
- McKenney v. CheneySupreme Court of Georgia · 1903
- Anderson v. BrownSupreme Court of Georgia · 1884
- Williams v. StewartSupreme Court of Georgia · 1902
- Evans v. Rounsaville & BrotherSupreme Court of Georgia · 1902
9 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Mims v. Dixie Finance Corp.District Court, N.D. Georgia · 1976
- Saul v. BowersSupreme Court of Georgia · 1923
- Clark v. NirenbaumCourt of Appeals for the Fifth Circuit · 1925
- Strickland Hardware Co. v. FletcherSupreme Court of Georgia · 1921
- Morris Fertilizer Co. v. White, McCurdy & Co.Supreme Court of Georgia · 1924
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