Rosenheim Shoe Co. v. Horne
Court of Appeals of Georgia
Complaint; from city court of Eastman — Judge G-riffin. The plaintiffs sold goods to the manager of a corporation in process of organization. The capital stock of the corporation was stated in the application for charter and in the charter itself as $20,000. The full capital’stock was never subscribed or paid in; indeed, only 10 per cent. — that is, $2,000 — was ever subscribed or-paid in. The corporation became bankrupt without having paid the plaintiffs’ bill in full.
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Complaint; from city court of Eastman — Judge G-riffin. The plaintiffs sold goods to the manager of a corporation in process of organization. The capital stock of the corporation was stated in the application for charter and in the charter itself as $20,000. The full capital’stock was never subscribed or paid in; indeed, only 10 per cent. — that is, $2,000 — was ever subscribed or-paid in. The corporation became bankrupt without having paid the plaintiffs’ bill in full. The trustee in bankruptcy and the plaintiff company each separately sued the promoters of the corporation to enforce the…
1Opinion of the CourtPowell, J.
(After stating the foregoing facts.)
1. The defendants moved to dismiss the bill of exceptions because it does not definitely disclose who are parties to it. It recites that it is filed in a case of Joseph Rosenheim Shoe Company against certain persons and a corporation, naming them, and that to the final judgment the plaintiff excepts and tenders the bill of exceptions. These recitals are consistent with the record. The motion to dismiss is overruled. Joiner v. Singletary, 106 Ga. 257 (32 S. E. 90). .
2. As to whether the present suit was subject to abatement because of the pendency of the…
2Cases cited6 opinions
- Bing v. Bank of KingstonCourt of Appeals of Georgia · 1909
- Allen v. GrantSupreme Court of Georgia · 1905
- Joiner v. SingletarySupreme Court of Georgia · 1898
- King v. SullivanSupreme Court of Georgia · 1894
- Commercial Bank v. WarthenSupreme Court of Georgia · 1904
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Hagan v. Asa G. Candler Inc.Supreme Court of Georgia · 1939
- Crowley v. HughesCourt of Appeals of Georgia · 1946
- Woolf v. Colonial Stores Inc.Court of Appeals of Georgia · 1948
- Graves v. DennyCourt of Appeals of Georgia · 1915
- McRee v. Quitman Oil Co.Court of Appeals of Georgia · 1915
7 more not listed; retrieve them via the Exa API.