Fort v. Martin Tobacco Co.
Supreme Court of Georgia
Assignments. Laws. Before Judge Branham. Floyd County. At Chambers, December 1, 1886. The assignment in this case was dated November 2,1886, and contained the following clause: ‘ ‘ Whereas, the party of the first part is indebted to the said persons and firms as set forth in 1 exhibit A,’ and being unable to meet his said indebtedness as it becomes due, hereby sells, com-eys and assigns over to the said M. G McDonald, trustee, as aforesaid, for the benefit of his said…
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Assignments. Laws. Before Judge Branham. Floyd County. At Chambers, December 1, 1886. The assignment in this case was dated November 2,1886, and contained the following clause: ‘ ‘ Whereas, the party of the first part is indebted to the said persons and firms as set forth in 1 exhibit A,’ and being unable to meet his said indebtedness as it becomes due, hereby sells, com-eys and assigns over to the said M. G McDonald, trustee, as aforesaid, for the benefit of his said creditors, without preference, except as hereinafter stated, subject to the priorities only as they exist at this date and as…
1Opinion of the Court
Blandford, Justice.
This was a ,bill filed by defendants m error against plaintiffs in error to set aside an"-assignment, and for the appointment of a receiver. The court held the assignment to be void, because the schedule of'.list of creditors was *113not sworn to as the statute prescribes, and appointed a receiver ; and this ruling and decision of the chancellor is excepted to, and the same is assigned as error.
1. The schedule merely states that it is a schedule of the creditors, their residences and the amount due each; it does not set forth that the same is a full and complete inventory of…
2Cited by3 opinions
- Burns v. Beck & Gregg Hardware Co.Supreme Court of Georgia · 1889
- Landauer v. ConklinSouth Dakota Supreme Court · 1893
- August v. CallowayU.S. Circuit Court for the Southern District of Georgia · 1888