Legal Opinion

Kiser & Co. v. Dannenberg Co.

Supreme Court of Georgia

Decided February 19, 1892PublishedCited by 4 opinions

Injunction and receiver. Debtor and creditor. Mortgage. Assignment. Evidence. Amendment. Before Judge Miller. Crawford county.

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Injunction and receiver. Debtor and creditor. Mortgage. Assignment. Evidence. Amendment. Before Judge Miller. Crawford county. At chambers, October 20, 1891. Tbe Dannenberg Co., Gribian & Co. and others by their petition alleged: Hartley was recently a merchant doing business in Crawford county, and is indebted by note to Dannenberg & Doody, a sum past due since September 15, 1891, payment of which has been demanded and refused; also by note to another of petitioners, a part having been past due since October 1, 1891, and payment thereof has been demanded and refused ; also to Gibian & Co.…

1Opinion of the Court

Simmons, Justice.

Certain creditors of J. P. Hartley filed their petition against him and against Chas. S. Taylor and M. O. & J. P. Kiser & Co., praying for an injunction and the appointment of a receiver, and for the cancellation of a mortgage executed by Hartley to Kiser & Co., and other writings connected therewith. The petition and amendments, together with the answer and affidavits, so far as material, are set out in the reporter’s statement. The ruling granting the injunction and appointing a receiver, was upon the ground that the mortgage and contempo-raneous writings and agreements…

2Cases cited2 opinions

  1. Crittenden Bros. v. Coleman & Co.Supreme Court of Georgia · 1883
  2. Coggins v. Stephens & Co.Supreme Court of Georgia · 1884

3Cited by4 opinions

  1. Johnson v. BrewerSupreme Court of Georgia · 1910
  2. Silver & Goldstein v. ChapmanSupreme Court of Georgia · 1927
  3. Raley v. Raymond Bros. Clarke Co.Nebraska Supreme Court · 1905
  4. Fulton & Bro. v. Gibian & Co.Supreme Court of Georgia · 1896

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