Allen v. Grant
Supreme Court of Georgia
Equitable petition. Before Judge Lumpkin. Fulton superior court. June 14, 1904. On June 26, 1903, Peter G. Grant was appointed trustee in bankruptcy for the Alien-Miles Company. On February 13, 1904, he was granted permission to institute suit to enforce stockholders’ liability, and thereupon filed an equitable petition against E. 0. Miles and C. L. Allen, residents of Fulton county, and Bona Allen, Bona Allen Jr., and John Q. Allen, residents of Gwinnett county.
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Equitable petition. Before Judge Lumpkin. Fulton superior court. June 14, 1904. On June 26, 1903, Peter G. Grant was appointed trustee in bankruptcy for the Alien-Miles Company. On February 13, 1904, he was granted permission to institute suit to enforce stockholders’ liability, and thereupon filed an equitable petition against E. 0. Miles and C. L. Allen, residents of Fulton county, and Bona Allen, Bona Allen Jr., and John Q. Allen, residents of Gwinnett county. The charter is not attached as an exhibit, but from the petition it appears that the defendants were the incorporators of the…
1Opinion of the CourtLamar, J.
(After stating the foregoing facts.) The plaintiffs in error insist that whatever might be the right of an individual creditor, the trustee in bankruptcy has no cause of action on a subscription which was expressly made payable in specifics, the value of which was known to the corporation when it accepted a conveyance of the property and issued the certificate. And this might be a complete defense in jurisdictions where, as in England, the contract of subscription is an entirety. There it is either good or it is bad. If void, there is no contract of subscription, and ■consequently no…
2Cases cited7 opinions
- Hightower v. ThorntonSupreme Court of Georgia · 1850
- Elyton Land Co. v. Birmingham Warehouse & Elevator Co.Supreme Court of Alabama · 1890
- Fouche & Fouche v. Merchants National BankSupreme Court of Georgia · 1900
- Moore v. RipleySupreme Court of Georgia · 1899
- Dalton & Morganton Railroad v. McDanielSupreme Court of Georgia · 1876
2 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- R. H. Herron Co. v. ShawCalifornia Supreme Court · 1913
- Chappell v. LoweSupreme Court of Georgia · 1916
- Rosenheim Shoe Co. v. HorneCourt of Appeals of Georgia · 1912
- Spratling v. WestbrookSupreme Court of Georgia · 1913
- Carlisle v. OttleySupreme Court of Georgia · 1915
12 more not listed; retrieve them via the Exa API.