McCallie & Jones v. Walton
Supreme Court of Georgia
Equity. Assignment. Tried before Judge Gibson. Eichmond Superior Court. June Term, 1867. On the 29th of December, 1865, The Augusta Insurance and.
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Equity. Assignment. Tried before Judge Gibson. Eichmond Superior Court. June Term, 1867. On the 29th of December, 1865, The Augusta Insurance and. Banking Company made an assignment of its entire assets to said assignees, “ in trust always, that the said Eobert Walton, senior, and William A. Walton shall proceed, with reasonable and convenient dispatch, to convert all and singular the real estate and personal assets, hereinbefore conveyed and assigned, into money; and for that purpose, to sell and dispose of any or all of it, in such manner and on such terms as they may deem most for the…
1Opinion of the CourtHarris, J.
1. By reference to the facts in this case, it appears that the Augusta Insurance and Banking Co., on the 29th December, 1865, made in behalf of all its creditors an assignment to Robert Walton, Sr., and Wm. A. Walton, in trust, etc. This corporation at that time existed, and has not been dissolved, either by judgment of forfeiture, or by a surrender of its fran*613chises, accepted by the Legislature. What reason then, was there, that it should not, like a natural person, make a fair assignment in trust for all its creditors f That it was permissible by the rules of a common law, seemed too clear…
2Cited by6 opinions
- Seay v. Bank of RomeSupreme Court of Georgia · 1881
- Albany & Renssellaer Iron & Steel Co. v. Southern Agricultural WorksSupreme Court of Georgia · 1886
- Harvey v. CubbedgeSupreme Court of Georgia · 1885
- Gresham v. CrosslandSupreme Court of Georgia · 1877
- Harvey v. CubbedgeSupreme Court of Georgia · 1885
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