Legal Opinion

Berckmans v. Tarnok

Supreme Court of Georgia

Decided February 17, 1921No. 1913PublishedCited by 1 opinion

Petition for direction; intervention. Before Judge Hammond. Richmond superior court. January 24, 1920. The charter of the P. J. Berckmans Company, a private horticultural corporation, expired on March 13, 1918. Just before that date, at a called meeting, a majority of the stockholders, R. C., L. A., and P. J. A. Berckmans, each owning one fifth ($5000) of the capital stock, voted to discontinue the business and not to renew the charter.

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Petition for direction; intervention. Before Judge Hammond. Richmond superior court. January 24, 1920. The charter of the P. J. Berckmans Company, a private horticultural corporation, expired on March 13, 1918. Just before that date, at a called meeting, a majority of the stockholders, R. C., L. A., and P. J. A. Berckmans, each owning one fifth ($5000) of the capital stock, voted to discontinue the business and not to renew the charter. The other stockholder, Edith Eróme Berckmans, owning two fifths ($10,000) of the capital stock, voted for the opposite course. ■ Thereafter, in proceedings…

1Opinion of the CourtGeorge, J.

Under the Civil Code (1910), § 2245, a receiver was appointed for the purpose of liquidating the assets of a corporation expiring by limitation of time. The business of the corporation was that of a nurseryman and horticulturist. There came into the hands of the receiver horticultural stock growing upon lands -owned by others. Some months after Ms appointment the court ordered the receiver to make a sale of .the corporate property in its then condition, the sale to be made on time, and the deferred payments to be secured by a *118mortgage on the property sold. To this order, its terms and…

2Cases cited16 opinions

  1. Memphis & Little Rock Railroad v. DowSupreme Court of the United States · 1887
  2. Wilkins, Neely & Jones v. GibsonSupreme Court of Georgia · 1901
  3. Miller v. WatsonSupreme Court of Georgia · 1912
  4. Cowart v. SingletarySupreme Court of Georgia · 1913
  5. Chestatee Pyrites Co. v. Cavenders Creek Gold Mining Co.Supreme Court of Georgia · 1903

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3Cited by1 opinion

  1. Naseef v. Cord, Inc.New Jersey Superior Court Appellate Division · 1966

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