Silvey & Co. v. Tift
Supreme Court of Georgia
Complaint. Before Judge Reid. City court of Atlanta. December 17, 1904. Tift, as trustee in bankruptcy of Griffin, brought suit against John Silvey & Company, alleging as follows: On March. 15, 1902, Griffin, while insolvent, transferred and delivered to the defendants a portion of a certain stock of goods belonging to him. At the time of the transfer he was insolvent, and the defendants knew and had reasonable cause to believe that such was the case.
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Complaint. Before Judge Reid. City court of Atlanta. December 17, 1904. Tift, as trustee in bankruptcy of Griffin, brought suit against John Silvey & Company, alleging as follows: On March. 15, 1902, Griffin, while insolvent, transferred and delivered to the defendants a portion of a certain stock of goods belonging to him. At the time of the transfer he was insolvent, and the defendants knew and had reasonable cause to believe that such was the case. The effect of the transfer was to. enable them to obtain a greater percentage of their debt than the other creditors of the bankrupt of the…
1Opinion of the CourtLumpkin, J.
(After stating the facts.) 1. The demurrer to the original declaration contained various grounds, but only one is now insisted on. We do not think it good pleading to allege *807that a defendant is estopped from setting up any defense in contradiction “to the following facts;” and then to set out an entire proceeding in bankruptcy, containing various allegations, several grounds for the proceeding, the adjudicátion' and the appointment of the trustee, and to allege in sweeping terms that the allegations set out are necessary allegations, and that the defendants could have pleaded in defense of…
2Cases cited24 opinions
- Hanover National Bank v. MoysesSupreme Court of the United States · 1902
- Freeman v. AldersonSupreme Court of the United States · 1886
- The" Sabine"Supreme Court of the United States · 1880
- Traders Insurance v. MannSupreme Court of Georgia · 1903
- New Lamp Chimney Co. v. Ansonia Brass & Copper Co.Supreme Court of the United States · 1876
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3Cited by11 opinions
- Gratiot County State Bank v. Johnson Ex Rel. St. Louis Chemical Co.Supreme Court of the United States · 1919
- Elliott v. AdamsSupreme Court of Georgia · 1931
- In re McCrumCourt of Appeals for the Second Circuit · 1914
- Snellgrove v. DingelhoefCourt of Appeals of Georgia · 1920
- Chappell v. LoweSupreme Court of Georgia · 1916
6 more not listed; retrieve them via the Exa API.