Claflin & Co. v. Ballance
Supreme Court of Georgia
Before Judge Hutchins. Clarke superior court. April term, 1892. An equitable petition was brought by creditors of the firm of Hirschfield & Blumenthal, against the members of that firm, and against II. B. Claflin & Co., John Cohen and others, for the purpose, among others, of cancelling a mortgage in favor of Claflin & Co., on the stock of merchandise and store fixtures of the debtor firm.
Read the full summary
Before Judge Hutchins. Clarke superior court. April term, 1892. An equitable petition was brought by creditors of the firm of Hirschfield & Blumenthal, against the members of that firm, and against II. B. Claflin & Co., John Cohen and others, for the purpose, among others, of cancelling a mortgage in favor of Claflin & Co., on the stock of merchandise and store fixtures of the debtor firm. It was alleged that this mortgage was void, having been given by insolvent debtors in pursuance of their scheme, into which Claflin & Co. and Cohen entered, to hinder, delay and defraud other creditors. A…
1Opinion of the Court
Bleckley, Chief Justice.
1. Eor a mortgage made by a debtor in favor of one of his creditors to be defeated by his fraudulent intent as against other creditors, two things must be shown: first, that such fraudulent intent existed; and, second, that the mortgagee was connected with the fraud, either by participating in the intent, or by having notice of it or grounds for reasonable suspicion. On the first of these questions, acts and declarations of the debtor, indicative of such intent, are competent evidence, without reference to whether they were known to the mortgagee or not. And to render…
2Cited by11 opinions
- Tanner v. StateSupreme Court of Georgia · 1926
- Goodson v. StateSupreme Court of Georgia · 1926
- Cable Co. v. ParanthaSupreme Court of Georgia · 1903
- Herrington & Co. v. Shumate Razor Co.Court of Appeals of Georgia · 1909
- Miller & Co. v. McKenzieSupreme Court of Georgia · 1906
6 more not listed; retrieve them via the Exa API.