S. Stricker & Co. v. Tinkham
Supreme Court of Georgia
In Equity. In Eulton Superior Court. Demurrer. Decided by Judge Warner. October Term, 1866. On the 23d of January, 1866, Tinkham, a citizen of Tennessee, being indebted in the sum of $11,500, and having assets worth from eight to ten thousand dollars, executed an assignment, in that State, to one Horle, in trust for the benefit of his creditors.
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In Equity. In Eulton Superior Court. Demurrer. Decided by Judge Warner. October Term, 1866. On the 23d of January, 1866, Tinkham, a citizen of Tennessee, being indebted in the sum of $11,500, and having assets worth from eight to ten thousand dollars, executed an assignment, in that State, to one Horle, in trust for the benefit of his creditors. This assignment embraced all his effects, (except' about two hundred dollars worth of furniture,) consisting of a lease upon a store in Atlanta, Georgia, stock of goods in said store, monies, credits, and other personal property, all referred to in…
1Opinion of the CourtWalker, J.
[1.] It is admitted by counsel for Tinkham that the words of the assignment to Horle would make the instrument obnoxious to the provisions of the (7ode, seo. 1954, if the in*179strument had been executed in Georgia. But it is insisted that the assignment, according to the laws of Tennessee, where it was executed, is legal and valid ; and, being valid there, is valid everywhere, We admit the general rule, that the lex loci governs in determining upon the validity of a contract, &c., but the rule is not without exception. Section 9, of the Code, says: “ The validity, form and effects of all…
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