Legal Opinion
Eady-Baker Grocery Co. v. Tennessee Chemical Co.
Court of Appeals of Georgia
Decided January 15, 1929No. 19311PublishedCited by 3 opinions
1Opinion of the CourtBroyles, C. J.
1. Where a judge of the superior court passes an order permitting a corporation to surrender its charter and be dissolved as a corporation, and also appoints a receiver for the corporation, a creditor of the corporation who was not a party to the receivership proceedings can maintain a suit against the corporation. He is not compelled to bring suit against the receiver. See, in this connection, 2 Park’s Code, § 2823 (b) et seq.; 8 Supplement to Park’s Code, §§ 2246 (a), 2246 (b) ; 34 Cyc. 221; 23 R. C. L. p. 48, § 50; 14 (A) Corpus Juris, 985, § 3326; Citizens Bank v. Hubbard, 70 Ga. 411;…
2Cases cited5 opinions
- Nelson v. HubbardSupreme Court of Alabama · 1892
- Bradford v. Cooledge & BrotherSupreme Court of Georgia · 1898
- American National Bank v. RobinsonSupreme Court of Georgia · 1913
- Cain v. Seaboard Air-Line RailwaySupreme Court of Georgia · 1912
- Citizens' Bank v. HubbardSupreme Court of Georgia · 1883
3Cited by3 opinions
- Shaw v. CaldwellSupreme Court of Georgia · 1972
- Nalley Land & Investment Co. v. Merchants & Planters BankSupreme Court of Georgia · 1938
- Evans v. Fort Valley Motor Co.Court of Appeals of Georgia · 1935